Marcy v. Marcy
Supreme Court of Connecticut
General assumpsit, against tlie defendant as executor of Abigail Marcy. The suit was brought to recover the amount of an account for goods sold and money lent to the said Abigail, during lier life time, and the defendant was claimed to be liable as executor in 1ns own wrong.
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General assumpsit, against tlie defendant as executor of Abigail Marcy. The suit was brought to recover the amount of an account for goods sold and money lent to the said Abigail, during lier life time, and the defendant was claimed to be liable as executor in 1ns own wrong. The case was tried in the superior court on the general issue with notice closed to the court, and the following facts were found.' Abigail Marcy died in the town of Sturbridge, in the county of Worcester and state of Massachusetts, where she had lived for many years, on the 25th of February, 1862, leaving personal estate…
1Opinion of the CourtButler, J.
The doctrine that any one who intermeddles with the goods of a deceased persorx, and does such acts as belong to the office of an executor without taking oxxt administration, becomes chargeable and may be sued as executor, is grounded in the commoxx law, declared iix this state by statxxte, and perfectly well settled ixx this court. The law coxxsiders and treats him as having “ intruded into the office,” and estopped himself from denying that he is executor. The major premise of the plaintiff is therefore undeniably true. But his minor premise, which is, iix substance, that aix executor…
2Cases cited10 opinions
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Vroom v. Van HorneNew York Court of Chancery · 1844
- Foster v. WadeCourt of Appeals of Kentucky · 1863
- Upton v. HubbardSupreme Court of Connecticut · 1859
- Vaughn v. BarretSupreme Court of Vermont · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Greves v. ShawMassachusetts Supreme Judicial Court · 1899
- Equitable Trust Co. v. PlumeSupreme Court of Connecticut · 1918
- Blodgett v. Bridgeport City Trust Co.Supreme Court of Connecticut · 1932
- Gallup's AppealSupreme Court of Connecticut · 1904
17 more not listed; retrieve them via the Exa API.