Putney v. Fletcher
Massachusetts Supreme Judicial Court
Bill in equity, under the Pub. Sts. c. 151, § 3, to reach and apply in payment of a debt due to the plaintiff from the estate of Sally Fletcher, deceased, certain land, as conveyed by her in her lifetime to the defendant in fraud of creditors.
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Bill in equity, under the Pub. Sts. c. 151, § 3, to reach and apply in payment of a debt due to the plaintiff from the estate of Sally Fletcher, deceased, certain land, as conveyed by her in her lifetime to the defendant in fraud of creditors. The bill alleged, in substance, that Sally Fletcher, who was a debtor of the plaintiff, fraudulently conveyed in her lifetime the land in question to the defendant; that after her decease the defendant was duly appointed administrator of her estate and had represented it to be insolvent; and that the plaintiff, who was the only creditor of the estate…
1Opinion of the CourtC. Allen, J.
For the due and orderly settlement of the estate of a deceased person, under the direction and supervision of the Probate Court, the statutes contemplate that there shall be an executor or administrator who is suitable to represent the interests involved; and if it happens that an executor or administrator is unsuitable for that purpose, he may be removed and *248another appointed in his place. An executor or administrator is deemed unsuitable when he has any conflicting personal interest which prevents him from doing his official duty. Winship v. Bass, 12 Mass. 198, 200. Thayer v. Homer, 11 Met.…
2Cases cited3 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Wildridge v. PattersonMassachusetts Supreme Judicial Court · 1818
- Glines v. WeeksMassachusetts Supreme Judicial Court · 1884
3Cited by41 opinions
- State v. SmithSupreme Judicial Court of Maine · 1944
- Colbert v. HennesseyMassachusetts Supreme Judicial Court · 1966
- Comstock v. BowlesMassachusetts Supreme Judicial Court · 1936
- Cameron v. WhiteSupreme Court of Oklahoma · 1927
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
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