Brown v. Fessenden
Supreme Judicial Court of Maine
On report, upon agreed statement. This was an appeal from the probate court, for Cumberland county, upon the settlement of the appellee’s account as executor of the will of Daniel Brown, late of Portland, deceased.
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On report, upon agreed statement. This was an appeal from the probate court, for Cumberland county, upon the settlement of the appellee’s account as executor of the will of Daniel Brown, late of Portland, deceased. By his will the testator, after the payment of certain legacies, devised and bequeathed to the appellee, said Fessenden, all his estate, in trust, for the benefit of his son, the appellant, until he should arrive at the age of thirty years, at which time the trust would terminate, and the property vest in tlie appellant. Fessenden did not file any bond as testamentary trustee, nor…
1Opinion of the CourtHaskell, J.
It is the settled law of this state that rents and profits of the real estate óf a deceased insolvent debtor, until it shall be sold for the payment of debts, belong to the devisee or heir at law, and not to the executor or administrator. Kimball v. Sumner, 62 Maine, 305.
When an executor or administrator takes rents of real estate, by agreement with the devisee or heir, as assets, to save the real estate from sale, or for the advantage of all persons interested, *525then it is proper enough to include the same in the probate account; but by operation of law, independent of any agreement of the…
2Cited by5 opinions
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- Joselson v. JoselsonNew Jersey Court of Chancery · 1934
- Mansfield v. HoltonSupreme Court of New Hampshire · 1907
- ParadisSupreme Judicial Court of Maine · 1936
- Shields v. ShieldsCourt of Appeals for the D.C. Circuit · 1938