Green v. Gill
Massachusetts Supreme Judicial Court
To an action of assumpsit, brought against the defendant, as executor of the last will and testament of Moses Gill, Esquire, de ceased, the defendant pleaded in bar, that the action was not commenced within four years after his acceptance of the said trust of executor.
1Opinion of the Court
Upon the trial of this issue before the Chief Justice, at the sittings here after this term, the defendant undertook to prove, by parole testimony, that he did duly post,. up, in the town of Princeton, *98(the place where the testator had his habitancy at the time of his death,) advertisements in due form of law, notifying his appointment to and acceptance of the trust of executor of the last will and testament of the said deceased. The plaintiff objected to the admission of such parole evidence, without producing to the jury one of the original advertisements, or a copy thereof. The chief…
2Cited by2 opinions
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Ardrey v. ShellOhio Supreme Court · 1907