Bennett v. Kimball
Massachusetts Supreme Judicial Court
Petition in equity, to the judge of the Probate Court, praying that the respondent’s appointment as administratrix of the estate of Oliver S. Foster be declared void, the letter of administration cancelled, an injunction issued, and a receiver or some other similar official appointed.
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Petition in equity, to the judge of the Probate Court, praying that the respondent’s appointment as administratrix of the estate of Oliver S. Foster be declared void, the letter of administration cancelled, an injunction issued, and a receiver or some other similar official appointed. The respondent demurred, assigning as ground therefor that “ the petitioners have a plain, adequate, and complete remedy at law by petition to vacate said appointment and said decree of the Probate Court appointing the respondent administratrix is conclusive, and cannot be set aside in equity.” The demurrer was…
1Opinion of the CourtHolmes, C. J.
The jurisdiction in equity given to the probate courts by St. 1891, c. 415, § 1, is a jurisdiction concurrent with that of other equity courts. Therefore the equitable relief sought in this case may be tested by supposing the bill to have been brought in the Superior Court. The difficulty then becomes manifest that a court of equity is asked to interfere with the performance of his duties by an officer appointed by another court, on the ground that it is hoped that hereafter the latter court may reverse its action and revoke the appointment. Ordinarily when an injunction is granted, on the…
2Cited by11 opinions
- Perry v. PerryMassachusetts Supreme Judicial Court · 1959
- Watts v. WattsMassachusetts Supreme Judicial Court · 1942
- Madden v. MaddenMassachusetts Supreme Judicial Court · 1932
- Dickinson v. BeldenIllinois Supreme Court · 1915
- Stowell v. RanlettMassachusetts Supreme Judicial Court · 1921
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