Downing v. Porter
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, allowing the administration account of the respondent, as he was executor of the last will of Jonathan Porter, deceased. The appeal was claimed and made by Downing in right of his wife, whom he alleges to have been a daughter and heiress of Jabez Porter, deceased, intestate, who was a son and residuary legatee and devisee of the said Jonathan Porter.
1Opinion of the Court
The Court
dismissed the appeal on the ground that Downing was not so connected with the estate of the testator, as to be entitled to the appeal, which should have been made by the administrator of the estate of Jabez Porter, as the party interested, and entitled to receive the portion of the personal" estate of the testator which might be payable to Downing in right of his wife, and the others entitled to the personal estate of the said Jabez. (a)
[Penniman vs. French, 2 Mass. Rep. 140. — Swan vs. Piquet, 3 Pick. 444. —Ed.]
2Cases cited1 opinion
- Penniman v. FrenchMassachusetts Supreme Judicial Court · 1806
3Cited by9 opinions
- Pierce v. GouldMassachusetts Supreme Judicial Court · 1887
- Cleveland v. QuiltyMassachusetts Supreme Judicial Court · 1880
- Penniman v. FrenchMassachusetts Supreme Judicial Court · 1806
- TuxburySupreme Judicial Court of Maine · 1877
- Arnold v. Estate of BrooksSupreme Court of Vermont · 1863
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