Gibbins v. Shepard
Massachusetts Supreme Judicial Court
Petition in equity, by Thomas J. Gibbins, administrate! with the will annexed of Thomas Gibbins, to obtain the instructions of the court. The petition alleged that the testator, who died on June 7, 1876, left a will, which was duly admitted to probate on December 4,1876, and contained the following clauses : 61 First.
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Petition in equity, by Thomas J. Gibbins, administrate! with the will annexed of Thomas Gibbins, to obtain the instructions of the court. The petition alleged that the testator, who died on June 7, 1876, left a will, which was duly admitted to probate on December 4,1876, and contained the following clauses : 61 First. I hereby constitute and appoint my wife Elizabeth Gibbins to be sole executrix of this my last will, directing my said executrix to pay all my just debts and funeral expenses, and to settle my estate, whether real or personal, as hereinaftei mentioned. “ Second. After payment of…
1Opinion of the CourtSoule, J.
The moneys in the hands of the administrator are the proceeds of real estate of his testator, sold for the payment *543of debts, remaining after such payment. He is responsible for the proper disposition of them, and therefore entitled to ask the instruction of this court as to the true construction of the will under which he is acting. His application contains no prayer for process, and is in the form of a petition rather than of a bill in equity; but as no objection was made by the defendants to the maintenance of the proceedings on this ground, and as any deficiency in this regard is open to…
2Cases cited2 opinions
- Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
- Cummings v. ShawMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
- Williamson v. GriderSupreme Court of Arkansas · 1911
- Burroughs v. WellingtonMassachusetts Supreme Judicial Court · 1912
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