Stebbins v. Lathrop
Massachusetts Supreme Judicial Court
At a court of probate holden in the county of Hampden, in July 1824, Reuben Champion presented a petition, in which he set forth that he had a note for 1000 dollars, signed oy Benjamin and Miner Stebbins, which was due and unpaid ; that Benjamin had deceased, leaving a widow Marytta Stebbins and one child, but that the child had since deceased, whereby Marytta was the only heir at law to the estate of Benjamin; that no letters of administration had been taken out upon the…
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At a court of probate holden in the county of Hampden, in July 1824, Reuben Champion presented a petition, in which he set forth that he had a note for 1000 dollars, signed oy Benjamin and Miner Stebbins, which was due and unpaid ; that Benjamin had deceased, leaving a widow Marytta Stebbins and one child, but that the child had since deceased, whereby Marytta was the only heir at law to the estate of Benjamin; that no letters of administration had been taken out upon the estate, nor any will been offered for probate, so that the petitioner had no means of proceeding against the estate for…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The appellants are the widow and brother of Benjamin Stebbins deceased, and are the principal legatees named in his last will and testament. They object as well to the probate of the will, as to the grant of administration to the defendant.
The objection first in order relates to the jurisdiction of the judge of probate, which, it is argued, did not attach until *42the will was filed in the probate office ; and that the anterior proceedings were therefore irregular and void. Perhaps it may be true, as the respondent contends, tlat this objection, though…
2Cases cited2 opinions
- Commonwealth ex rel. Huston v. MateerSupreme Court of Pennsylvania · 1827
- Proctor v. AtkynsMassachusetts Supreme Judicial Court · 1805
3Cited by4 opinions
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- Strom v. WoodSupreme Court of Kansas · 1917
- Weaver v. HughesCourt of Appeals of Tennessee · 1943
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