Beale v. Pearson
Supreme Judicial Court of Maine
In equity. On appeal by plaintiff. Bill in equity under the provisions of Revised Statutes, chapter 89, section 21, brought by the plaintiff creditor against the executrix of the estate of Maria A. Bent, late of Portland, deceased, to recover judgment on a claim against the estate of said deceased and which said claim had become barred by the special statute of limitations,, to wit, section 14 of said chapter. The defendant both demurred and answered.
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In equity. On appeal by plaintiff. Bill in equity under the provisions of Revised Statutes, chapter 89, section 21, brought by the plaintiff creditor against the executrix of the estate of Maria A. Bent, late of Portland, deceased, to recover judgment on a claim against the estate of said deceased and which said claim had become barred by the special statute of limitations,, to wit, section 14 of said chapter. The defendant both demurred and answered. The Justice of the first instance filed a pro forma decree dismissing the bill and the plaintiff appealed. The case is stated in the opinion.
1Opinion of the CourtKing, J.
This suit in equity is brought against the estate of Maria A. Bent under the provisions of R. S., chap. 89, sec. 21, viz:
"If the supreme judicial court, upon a bill in equity filed by a creditor whose claim has not been prosecuted within the time limited by the preceding sections, is of the opinion that justice and equity require it, and that such creditor is not chargeable with culpable neglect in not prosecuting his claim within the time so limited, it may give him judgment for the amount of his claim against the estate of the deceased person ; but such judgment shall not affect any payment…
2Cases cited1 opinion
- Kern v. StrausbergerIllinois Supreme Court · 1874
3Cited by10 opinions
- Mockus v. MelansonSupreme Judicial Court of Maine · 1992
- Griffith v. Investment Co., a Corp.Supreme Court of Florida · 1926
- Cutillo v. GerstelSupreme Judicial Court of Maine · 1984
- Berman v. GriggsSupreme Judicial Court of Maine · 1950
- First Auburn Trust Co. v. Estate of BakerSupreme Judicial Court of Maine · 1936
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