Succession of Lilley

It appears that Phillips, was the owner, by assignment, of a claim against the estate of Lilley, which had been acknowledged by an endorsement in writing, signed by Scott, the executor, to be a just claim, and which was put down among the admitted claims against the estate. This was in July, 1841.

On the 3d of October, 1842, Phillips presented his petition to the Judge of Probates, praying that his claim might be ranked as a privileged one. The executor was not made a party to the proceedings. The Judge, however, proceeded, ex parte, to render a formal judgment, decreeing that the claim be…