Edmunds v. Rockwell
Massachusetts Supreme Judicial Court
Appeals by the widow and heirs at law of Joseph Edmunds from a decree of the Probate Court, by which Jarvis Rockwell, the administrator de bonis non of Edmunds, was licensed to sell the real estate of his intestate, for the payment of debts.
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Appeals by the widow and heirs at law of Joseph Edmunds from a decree of the Probate Court, by which Jarvis Rockwell, the administrator de bonis non of Edmunds, was licensed to sell the real estate of his intestate, for the payment of debts. At the hearing, before Oolt, J., the following facts appeared: Joseph Edmunds died on April 20, 1875. His widow and one Crandall were appointed administrators on May 4, 1875, and gave bond and notice, as required by law, before June 1, 1875. The estate was represented insolvent, and on December 7, 1875, commissioners were appointed, whose report was…
1Opinion of the CourtGray, C. J.
When the personal estate of a deceased person is insufficient to pay his debts, his executor or administrator may sell his real estate for that purpose, upon obtaining a license therefor. Gen. Sts. c. 102, § 1. The executor or administrator, having given bond and published due notice of his appointment, is not indeed liable to an action at law by any creditor, unless it is commenced within two years from the time of his giving bond, except in ease of new assets received afterwards, or of a failure by defect in form or service of an action brought within the two years, or of a right of action…
2Cases cited5 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Bacon v. PomeroyMassachusetts Supreme Judicial Court · 1870
- Guild v. HaleMassachusetts Supreme Judicial Court · 1819
- Blanchard v. AllenMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Bassett v. DrewMassachusetts Supreme Judicial Court · 1900