Brazer v. Dean
Massachusetts Supreme Judicial Court
The appellant was a creditor of the estate of Nathaniel Myrick, deceased, the respondents’ intestate, and appealed from a decree oí the judge of probate for the county of Penobscot, allowing the administration account of the respondents.* The estate was insolvent; the real estate, had been sold by virtue of a license for that purpose ; and the personal estate, amounting, by the inventory, to 146 dollars, had been allowed to the widow of the intestate for her use.
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The appellant was a creditor of the estate of Nathaniel Myrick, deceased, the respondents’ intestate, and appealed from a decree oí the judge of probate for the county of Penobscot, allowing the administration account of the respondents.* The estate was insolvent; the real estate, had been sold by virtue of a license for that purpose ; and the personal estate, amounting, by the inventory, to 146 dollars, had been allowed to the widow of the intestate for her use. That sum constituted one article in the account in question ; and, in consequence, the charges of the respondents for the expenses…
1Per curiam
This objection cannot prevail; because, the estate being regularly sold for the payment of debts, the proceeds are not distinguishable from the other personal estate, but the whole forms one common fund for the payment of debts and the expenses of administration. It is true that all the personal estate, in the present case, having been given to the widow, the expenses of the adminis tration are, eventually, taken out of the proceeds of the real estate But there can be no valid objection to this, the estate being regularly sold; and it would have been necessary to sell it, if there had been no…
2Cited by8 opinions
- Dale v. Hanover National BankMassachusetts Supreme Judicial Court · 1891
- Baker v. BakerWisconsin Supreme Court · 1883
- Litchfield v. CudworthMassachusetts Supreme Judicial Court · 1833
- Citizens Bank v. BrySupreme Court of Louisiana · 1848
- State v. McFarlandSupreme Court of Louisiana · 1873
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