Barber v. Bush
Massachusetts Supreme Judicial Court
Case upon a promissory note made by the defendant to Eli Bush, upon whose estate the said Ruth, when sole, was appointed sole administratrix. The said Matthew having since intermarried with her, the action was brought in their joint names, as administrator and administratrix.
Read the full summary
Case upon a promissory note made by the defendant to Eli Bush, upon whose estate the said Ruth, when sole, was appointed sole administratrix. The said Matthew having since intermarried with her, the action was brought in their joint names, as administrator and administratrix. The defendant prays oyer of the letter of administration, and pleads in abatement to the writ, that the said Matthew is not, nor ever was, administrator, &c., but that the said Ruth is sole administratrix, &c. The plaintiffs reply their intermarriage, by virtue whereof the said Matthew became administrator in the right…
1Opinion of the Court
■* By the Court.
The sole question is upon the writ. Where a feme sole executrix or administratrix, jointly with one or more persons, and afterwards intermarries, her power and authority is, by the statute of 1783, c. 24, § 19, extinguished and determined. But here the wife was sole administratrix ; and hv the marriage the husband became joint administrator with her.
Respondeos ouster awarded.
2Cited by3 opinions
- Williamson v. HillSupreme Court of Alabama · 1837
- Stewart, from Decision of the Judge of ProbateSupreme Judicial Court of Maine · 1868
- In re the Removal of FaginHamilton County Probate Court · 1888