Bassett v. Drew
Massachusetts Supreme Judicial Court
Contract, to recover a balance of $1,600 with interest due on a promissory note for $4,000 against the devisee in trust under the will of Russ B. Walker, the maker of the note. Writ dated August 29, 1898. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, to recover a balance of $1,600 with interest due on a promissory note for $4,000 against the devisee in trust under the will of Russ B. Walker, the maker of the note. Writ dated August 29, 1898. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The note was payable to the order of the plaintiff, dated March 18,1893, on five years’ time, and secured by a mortgage on real and personal property, which on the same day the plaintiff had conveyed to him. Subsequently Walker sold the…
1Opinion of the CourtHammond, J.
It is recited in the preamble to St. 1788, c. 66, that theretofore executors and administrators had frequently suffered “ great loss and trouble by reason of demands brought against them after they have closed their accounts of administration, and settlement of the estate they have administered is made among the heirs or devisees,” and that “ for remedy whereof, as well as for the more speedy settlement of estates,” the statute is passed.
Prior to this statute there does nqt seem to have been any statute of limitations applicable only to claims against executors and administrators. See Dane,…
2Cases cited7 opinions
- Bacon v. PomeroyMassachusetts Supreme Judicial Court · 1870
- Royce v. BurrellMassachusetts Supreme Judicial Court · 1815
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Pratt v. LamsonMassachusetts Supreme Judicial Court · 1880
- Clark v. HolbrookMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922
- Converse v. NicholsMassachusetts Supreme Judicial Court · 1909
- Gilman v. TaylorMassachusetts Supreme Judicial Court · 1929
- Thompson v. OwenMassachusetts Supreme Judicial Court · 1924
- Electric Welding Co. v. FitzMassachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.