Waite v. Osborne
Supreme Judicial Court of Maine
The only question in this case was, whether Joseph Fowler, summoned as trustee, was chargeable or not. He stated in his disclosure, that he was administrator of the estate of Clement Fowler. That the intestate, at the time of his death, was indebted to the principal defendant in about the sum of fifty dollars.
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The only question in this case was, whether Joseph Fowler, summoned as trustee, was chargeable or not. He stated in his disclosure, that he was administrator of the estate of Clement Fowler. That the intestate, at the time of his death, was indebted to the principal defendant in about the sum of fifty dollars. That the estate consisted of a house and land valued at - - - $1000 and household furniture, - 63 $1063 That the widow’s dower in the estate had been assigned by the Judge of Probate, and that by agreement of the heirs, the personal property had also been given to her. That the real…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
In the case of Brooks v. Cook, and Barrett as trustee, 8 Mass. 276, the general principle was decided, that “ no person deriving his authority from the law, and obliged to execute it according to the-rules of law, can be bolden by process of this kind.” Barrett, having no property in his hands belonging to Cook, except as administrator of Peter Barrett, was discharged. Though in that case the estate of the intestate was insolvent, yet the Court in their opinion, do not allude to that circumstance as in any manner affecting the general principle.…
2Cases cited3 opinions
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Inhabitants of Walpole v. Inhabitants of West CambridgeMassachusetts Supreme Judicial Court · 1811
3Cited by5 opinions
- Stout v. LaFolletteIndiana Supreme Court · 1878
- Pugh v. JonesSupreme Court of Iowa · 1907
- Norton v. ClarkNevada Supreme Court · 1884
- Ladd v. JudsonIllinois Supreme Court · 1898
- Rasmussen v. HuntingtonVermont Superior Court · 2010