Collins v. Collins
Massachusetts Supreme Judicial Court
Contract against the administrator de bonis non, with the will annexed, of the estate of John Collins, to recover a legacy given to the plaintiff in said will. Writ dated April 4, 1885. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows : The will of John Collins, dated November 13,1871, contained, among others, the following clauses: “ 9th.
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Contract against the administrator de bonis non, with the will annexed, of the estate of John Collins, to recover a legacy given to the plaintiff in said will. Writ dated April 4, 1885. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows : The will of John Collins, dated November 13,1871, contained, among others, the following clauses: “ 9th. I give unto my said wife, to be held in trust by her for my granddaughter Beulah Collins, the sum of five hundred dollars, until my said granddaughter shall be fifteen years of…
1Opinion of the CourtHolmes, J.
This is an action under the Pub. Sts. e. 136, § 19, against the administrator de bonis non, with the will annexed, of John Collins, to recover a legacy of $500.
The first defence relied on is, that the executrix was residuary legatee and gave bond to pay debts and legacies, (Pub. Sts. c. 129, § 6,) and that by so doing she made the estate her own, so that it could not be followed into the defendant’s hands by a legatee having no specific charge upon it.
The result of this contention, if correct, would seem to be, that no administrator de bonis non could be appointed in such cases, or, at least,…
2Cases cited10 opinions
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