Ela v. Edwards
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate disallowing a portion of the third account of George W. Ela, as executor of the will of Susan S. Edwards, deceased. The question was as to an item for three thousand three hundred and eighty dollars charged by the executor against the estate of his testatrix as paid to himself in his personal capacity for services rendered to her in her lifetime, a specification thereat being annexed in the schedule.
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Appeal from a decree of the judge of probate disallowing a portion of the third account of George W. Ela, as executor of the will of Susan S. Edwards, deceased. The question was as to an item for three thousand three hundred and eighty dollars charged by the executor against the estate of his testatrix as paid to himself in his personal capacity for services rendered to her in her lifetime, a specification thereat being annexed in the schedule. Objection being made- by the appellee to the allowance of this item, the executor, who had kept no book-account of the services specified, offered his…
1Opinion of the CourtGbay, J.
The statutes requiring an executor or administrator to verify the account of his administration by his oath, and to submit to examination on oath before the probate court upon any matter relating to his account, do not make him a competent witness generally in his own behalf. Gen. Sts. c. 98, § 9. Bailey v. Blanchard, 12 Pick. 166. The competency of the appellant in this case therefore dépends upon the statutes making parties to the record competent witnesses.
The Gen. Sts. c. 131, § 14, by which parties in all civil actions and proceedings, including probate and insolvency proceedings and…
2Cited by11 opinions
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Green v. RussellMassachusetts Supreme Judicial Court · 1882
- Tuck v. BeanSupreme Judicial Court of Maine · 1931
- Wood v. FarwellMassachusetts Supreme Judicial Court · 1907
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