McFeely v. Scott
Massachusetts Supreme Judicial Court
The first case was an action of contract for money had and received. The declaration alleged that Bernard MeFeely in Ms lifetime entrusted certain funds to the keeping of the defendant; that Bernard subsequently died, and the plaintiff was on October 24, 1876, duly appointed his administrator by the Probate Court for the county of Middlesex; and a demand upon the defendant, and his refusal to pay.
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The first case was an action of contract for money had and received. The declaration alleged that Bernard MeFeely in Ms lifetime entrusted certain funds to the keeping of the defendant; that Bernard subsequently died, and the plaintiff was on October 24, 1876, duly appointed his administrator by the Probate Court for the county of Middlesex; and a demand upon the defendant, and his refusal to pay. The defendant filed an answer in abatement, denying the jurisdiction of the Probate Court to grant letters of administration to- the plaintiff, alleging that the intestate never was an inhabitant…
1Opinion of the CourtColt, J.
It is provided by statute, that the jurisdiction assumed in any case by the Probate Court, “ so far as it depends on the place' of residence of a person, shall not be contested in any suit or proceeding, except in an appeal in the original case, or when the want of jurisdiction appears on the same record.” Gen. Sts. e. 117, § 4. Eev. Sts. c. 83, § 12.
It appears from the records of the Probate Court in this case, that the only ground alleged in the plaintiff’s petition for the grant of administration in Middlesex is that the intestate last dwelt in Cambridge in that county. The appointment of…
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