Eastman v. Allen

In an action of contract in which the plaintiff seeks to recover for services rendered and goods furnished by him as an undertaker for the funeral of the defendant’s testate, the defendant filed a special appearance and an answer in abatement alleging that prior to the commencement of the present action, the defendant as executor, and acting under the provisions of Mass. Gen. Laws (Ter. Ed.) Chap. 197, sec. 2, as amended, filed in the Probate Court having jurisdiction of the estate of the deceased testate a petition against the plaintiff, seeking to have the Probate Court aforesaid determine…