Fletcher v. Fletcher
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Middlesex allowing the account of Francena M. Fletcher as administratrix of the estate of Theodore C. Fletcher. The case was heard by Morton, J. It appeared that soon after the death of Theodore C. Fletcher all parties interested in his estate met and entered into an agreement in writing to settle their various interests without expense or delay.
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Appeal from a decree of the Probate Court for the county of Middlesex allowing the account of Francena M. Fletcher as administratrix of the estate of Theodore C. Fletcher. The case was heard by Morton, J. It appeared that soon after the death of Theodore C. Fletcher all parties interested in his estate met and entered into an agreement in writing to settle their various interests without expense or delay. His widow, the appellee, was appointed administratrix without opposition on April 17, 1894, in accordance with the agreement, and gave bond without sureties, and on April 20, 1894, filed an…
1Opinion of the CourtBraley, J.
Under the agreement between the widow and the adult heirs at law of Theodore C. Fletcher, which as between themselves was made for the purpose of settling and distributing his estate, it is expressly provided that, with their consent, she is to be appointed administratrix without giving sureties on her official bond. By reason of this provision the terms of settle*217ment must be read in the light of the statute relating to administrators and their duties, which the parties were bound to know. In pursuance of this understanding her appointment followed, and by taking upon herself this trust she…
2Cases cited6 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Palmer v. WhitneyMassachusetts Supreme Judicial Court · 1896
- Abbott v. GaskinsMassachusetts Supreme Judicial Court · 1902
- Cathaway v. BowlesMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Rock v. RockMassachusetts Supreme Judicial Court · 1941
- S. S. Pierce Co. v. FiskeMassachusetts Supreme Judicial Court · 1921
- Rolfe v. AtkinsonMassachusetts Supreme Judicial Court · 1927
- Goodwin v. Cabot Amusement Co.Supreme Judicial Court of Maine · 1930
2 more not listed; retrieve them via the Exa API.