Storer v. Storer
Massachusetts Supreme Judicial Court
In the year 1768, the said Joseph Storer, deceased, on taking administration of the estate of the said John Storer, gave an administration bond to the judge of probate for this county and his successors. The said Joseph Storer died before he had closed his said administration.
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In the year 1768, the said Joseph Storer, deceased, on taking administration of the estate of the said John Storer, gave an administration bond to the judge of probate for this county and his successors. The said Joseph Storer died before he had closed his said administration. The defendants, * his ad- [ * 391 ] ministrators, settled an administration account of their intestate, as he was administrator of the estate of the said John Storer, deceased, which was allowed in the probate office in September, 1798, when a balance of 627 dollars 14 cents was found due from the estate of Joseph…
1Opinion of the CourtParsons, C. J.
After hearing the parties, it is our opinion that this action is maintainable by the plaintiff. When the decree passed, he might have sued this action, if the defendant refused to obey the decree; and unless they had a sufficient reason for not obeying the decree, the plaintiff might have recovered. As a want of assets in their hands was no legal objection to settling the administration account, yet as their intestate might have died insolvent, of this insolvency, in some form, they might avail * themselves. In this action, therefore, the defendants [ * 393 ] might have pleaded no assets, if…
2Cited by12 opinions
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
- Cobb v. KemptonMassachusetts Supreme Judicial Court · 1891
- Colby v. StearnsMassachusetts Supreme Judicial Court · 1930
- Drew v. GordonMassachusetts Supreme Judicial Court · 1866
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