Jenkins v. Wood
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff against the defendant, as the executor of the will of Abigail Barker, in an action on a debt due from her. Writ dated June 8, 1881. At the trial in the Superior Court, before Pitman, J., without a jury, the case was submitted upon agreed facts, in substance as follows Abigail Barker died in August 1877, leaving a will, in which the defendant was named executor and residuary legatee.
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Contract upon a judgment recovered by the plaintiff against the defendant, as the executor of the will of Abigail Barker, in an action on a debt due from her. Writ dated June 8, 1881. At the trial in the Superior Court, before Pitman, J., without a jury, the case was submitted upon agreed facts, in substance as follows Abigail Barker died in August 1877, leaving a will, in which the defendant was named executor and residuary legatee. The will was duly proved, the defendant was appointed executor and gave a bond conditioned to pay all debts and legacies, and took the entire estate. The…
1Opinion of the CourtDeyens, J.
It is contended that the special statute of limitations in favor of executors, by which it is provided that actions against them shall be brought by any creditor of the deceased within two years from the time of giving bond for the discharge of their trust, does not apply to this case. Gen. Sts. c. 97, § 5. But the plaintiff was not the less a “ creditor of the deceased ” because he had obtained a judgment against the defendant as executor. On such a judgment the execution to be issued was de bonis testatoris and not de bonis propriis, and *117it is as such creditor that he has attached personal…
2Cases cited2 opinions
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- National Bank of Troy v. StantonMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Collins v. CollinsMassachusetts Supreme Judicial Court · 1886
- Thompson v. PopeNebraska Supreme Court · 1906
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1885
- Lothrop v. ParkeMassachusetts Supreme Judicial Court · 1909
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