Brigham v. Garcelon

This case came before the Probate Court for Middlesex County in proceedings under the provisions of G. L. c. 198, § 4, for the proof of a claim against the insolvent estate of Thaddeus P. Irish, who died testate, October 16, 1912, leaving two sons as his next of kin, one of whom, Fred D. Irish, was appointed executor of his will on November 13, 1912, and filed a bond. The executor never filed any affidavit of notice of his appointment and there is no evidence that he ever gave notice of his appointment as executor, as required by R. L. c. 139, § 1. The executor died July 12, 1923, and the…