Putney v. Fletcher
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, appointing commissioners to receive and examine the claims of creditors against the estate of Sally Fletcher, deceased, which had been represented insolvent by the administrator. At the hearing, before W. Allen, J., it appeared that the Probate Court, without notice, made the decree appealed from.
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Appeal from a decree of the Probate Court, appointing commissioners to receive and examine the claims of creditors against the estate of Sally Fletcher, deceased, which had been represented insolvent by the administrator. At the hearing, before W. Allen, J., it appeared that the Probate Court, without notice, made the decree appealed from. The appellee contended that the appellant could not question the regularity of the proceedings in the Probate Court; and that this court could not hear testimony upon the question whether the estate was in fact insolvent, as represented by "the…
1Opinion of the CourtC. Allen, J.
No appeal lies from the appointment by the Probate Court of commissioners to receive and examine the claims of creditors against the estate of a deceased person which has been represented insolvent by the administrator. No person can be said to be aggrieved by such action. It is merely a mode of ascertaining the amount of the debts due from the estate. The validity of any creditor’s claim is in no wise affected. Greenwood v. McGilvray, 120 Mass. 516, 519. If, indeed, the judge refuses to act upon the representation of insolvency, an *597appeal may be taken by the administrator. Bucknam v. Phelps,…
2Cases cited4 opinions
- Richardson v. HazeltonMassachusetts Supreme Judicial Court · 1869
- Greenwood v. McGilvrayMassachusetts Supreme Judicial Court · 1876
- Bennett v. WoodmanMassachusetts Supreme Judicial Court · 1875
- Bucknam v. PhelpsMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- In Re Estate of ElizaldeCalifornia Supreme Court · 1920
- Monroe v. CooperMassachusetts Supreme Judicial Court · 1920
- Hellier v. LoringMassachusetts Supreme Judicial Court · 1922
- Agoos v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- Metropolitan Finance Corp. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1944