Legal Opinion

Vinton v. Sargent

Massachusetts Supreme Judicial Court

Decided April 2, 1907PublishedCited by 4 opinions

Petition, filed in the Prohate Court for the county of Suffolk on August 4, 1905, for the appointment of the petitioner as administrator of the estate of John Turner Sargent, who died intestate on October 5, 1889, having last dwelt and had his domicil at Hawks Park in the State of Florida, and who was alleged to have left goods and estate in the county of Suffolk in this Commonwealth remaining to be administered, the appointment being requested in writing by six persons…

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Petition, filed in the Prohate Court for the county of Suffolk on August 4, 1905, for the appointment of the petitioner as administrator of the estate of John Turner Sargent, who died intestate on October 5, 1889, having last dwelt and had his domicil at Hawks Park in the State of Florida, and who was alleged to have left goods and estate in the county of Suffolk in this Commonwealth remaining to be administered, the appointment being requested in writing by six persons alleged to be the heirs at law of the intestate, one of them, William Story Sargent, reserving the right to object to the…

1Opinion of the CourtBraley, J.

Under R. L. c. 137, § 1, c. 162, § 3, the Probate Court is given exclusive authority to grant letters of adminis*134tration upon the estate of any person who dies leaving property, either real or personal, to be administered within this jurisdiction. Harrington v. Brown, 5 Pick. 519. Prescott v. Burfee, 131 Mass. 477. In Merrill v. New England Ins. Co. 103 Mass. 245, 247, 248, it was said by Mr. Justice Wells that “ a debt due to the intestate from any party having a domicil in this State, or any demand or right, requiring legal authority for its enforcement, is sufficient to give jurisdiction…

2Cases cited6 opinions

  1. Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
  2. Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
  3. Bennett v. PierceMassachusetts Supreme Judicial Court · 1905
  4. Cassidy v. ShimminMassachusetts Supreme Judicial Court · 1877
  5. Prescott v. DurfeeMassachusetts Supreme Judicial Court · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
  2. Hemenway v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1914
  3. Bianco v. PiscopoMassachusetts Supreme Judicial Court · 1928
  4. Waitt v. BadgerMassachusetts Supreme Judicial Court · 1945

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