Coburn v. Loomis
Supreme Judicial Court of Maine
On Report. The facts are fully stated in tbe opinion of tbe Court. An error in a Probate account may be corrected in tbe settlement of any subsequent account. Stetson v. Bass, 9 Pick., 27; Davis v. Oowdin, 20 Pick., 510; Longley v. Hall, 11 Pick., 120; Sturtevant v. Tollman, 27 Maine, 78.
1Opinion of the Court
Tbe opinion of tbe Court was drawn up by
Cutting, J.
Without repeating what has been reported in Knight and wife v. Loomis, 30 Maine, 204, we will at once proceed to a consideration of tbe legal rights of tbe present parties as disclosed by subsequent transactions. In that case it was decided, that an administrator, with tbe will annexed, does not succeed to tbe rights and duties of an original executor, appointed trustee by tbe will. And tbe present appellee, who was defendant in that suit, brought by a legatee, prevailed, upon tbe ground that none but a legal trustee could reach tbe legacy in…
2Cited by2 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- In re HynesSupreme Judicial Court of Maine · 1976