Wales v. Willard
Massachusetts Supreme Judicial Court
This was an action of debt on a bond, dated July 6, 177b, brought by Joseph, Wales, administrator of the estate of Abel Willard, deceased, against Lemuel Willard, executor of the last will of Lemuel Willard, the deceased obligor. To this action the defendant pleads, 1st. In bar, that the said Wales is not, nor ever was, administrator of the goods and estate of the said Abel Willard, &c.
Read the full summary
This was an action of debt on a bond, dated July 6, 177b, brought by Joseph, Wales, administrator of the estate of Abel Willard, deceased, against Lemuel Willard, executor of the last will of Lemuel Willard, the deceased obligor. To this action the defendant pleads, 1st. In bar, that the said Wales is not, nor ever was, administrator of the goods and estate of the said Abel Willard, &c. To this plea there is a replication, setting forth that administrador was committed to the plaintiff by the judge of probate for the county of Worcester on the 17th day of November, A. D. 1801. The defendant…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
The county Courts of Probate were never established by any statute until the act of March 12, 1784. Before the revolution, the judges of probate were considered as surrogates of the governor and council, who derived from the royal charter the authority to prove wills and to grant administrations. A provincial act was passed for erecting Courts of Probate in the several counties, but it was negatived by the king. A number of other acts were afterwards passed, which recognize the power of the Courts of Probate, and regulate appeals from…
2Cited by18 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Melia v. SimmonsWisconsin Supreme Court · 1878
- Hutcheson v. PriddySupreme Court of Virginia · 1855
- Ex parte MaxwellSupreme Court of Alabama · 1861
- In re Clark's EstateSupreme Court of Vermont · 1906
13 more not listed; retrieve them via the Exa API.