Fisk v. Cushman
Massachusetts Supreme Judicial Court
These were appeals from a decree of the judge of probate fox the county of Franklin, allowing the first account of Henry W. Cushman and Experience C. Fisk, administrators, with the will annexed, of Elijah Fisk, late of Warwick, deceased. The testator having appointed his widow, the said Experience C. Fisk, executrix of his will, and she declining to act in that capacity, administration of the estate was committed to her and Henry W. Cushman, as above stated.
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These were appeals from a decree of the judge of probate fox the county of Franklin, allowing the first account of Henry W. Cushman and Experience C. Fisk, administrators, with the will annexed, of Elijah Fisk, late of Warwick, deceased. The testator having appointed his widow, the said Experience C. Fisk, executrix of his will, and she declining to act in that capacity, administration of the estate was committed to her and Henry W. Cushman, as above stated. The testator left real and personal estate, among which were thirty-three shares in the stock of the Greenfield bank; and besides other…
1Opinion of the CourtDewey, J.
Various questions arise upon the appeals taken by the parties to the decree of the judge of probate, upon the allowance of the account of the administrators, with the will annexed, of the estate of Elijah Fisk, who died testate, but whose executrix, named in the will, declined acting in that capacity.
1. The leading and most important question is that which relates to the deposits in the savings banks at Greenfield and Worcester; whether the same are the property of the estate of Elijah Fisk, and as such to be administered, or whether they are the property exclusively of his widow, Experience…
2Cases cited1 opinion
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
3Cited by15 opinions
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Inhabitants of New Salem v. Eagle Mill Co.Massachusetts Supreme Judicial Court · 1884
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- Commonwealth v. BlaisdellMassachusetts Supreme Judicial Court · 1871
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