Clark v. Blackington
Massachusetts Supreme Judicial Court
Appeal from the Probate Court, disallowing certain items in the account of the appellant, as executor of the will 5f Catharine A. C. Blackington, the wife of the appellee. At the hearing, before Gray, J., the following facts appeared: On December 19, 1863, the will of Catharine A. C. Blacking-ton was proved, and letters testamentary issued, in this county, to the appellant.
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Appeal from the Probate Court, disallowing certain items in the account of the appellant, as executor of the will 5f Catharine A. C. Blackington, the wife of the appellee. At the hearing, before Gray, J., the following facts appeared: On December 19, 1863, the will of Catharine A. C. Blacking-ton was proved, and letters testamentary issued, in this county, to the appellant. Among the property of the testatrix which came into the hands of the appellant in this Commonwealth was h promissory note of Samuel Clark, Sen., and a mortgage to the testatrix of real estate and personal property in Rhode…
1Opinion of the CourtWells, J.
The domicil of the testatrix being in this Commonwealth, the final and full settlement of the estate is to be made here. The executor “ must be held to account here for the whole of the personal property and effects which have come to his hands, wherever found, or by whatever means collected.” Jennison v. Hapgood, 10 Pick. 77, 100. If he has a surplus in *373his hands arising out of the administration of the testator’s goods and estate in Rhode Island, after paying the expenses of administration and discharging his own liabilities there, “ he is accountable for it here in the same manner as he…
2Cases cited1 opinion
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