Prescott v. Durfee
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, appointing Wendell H. Cobb administrator of the estate of Zoeth S. Durfee, upon the petition of the executors of the will of Edward L. Baker. The case was heard upon the following agreed facts: In 1877 Edward L. Baker brought an action, upon a written contract, against Zoeth S. Durfee, in the Superior Court for Bristol County, and attached his real estate in said county.
Read the full summary
Appeal from a decree of the Probate Court, appointing Wendell H. Cobb administrator of the estate of Zoeth S. Durfee, upon the petition of the executors of the will of Edward L. Baker. The case was heard upon the following agreed facts: In 1877 Edward L. Baker brought an action, upon a written contract, against Zoeth S. Durfee, in the Superior Court for Bristol County, and attached his real estate in said county. Durfee formerly lived in New Bedford, but at the time the action was brought, and afterwards up to the time of his death, had his domicil in the State of New York. Durfee appeared…
1Opinion of the CourtGray, C. J.
The Probate Court has jurisdiction to grant administration of the estate of any person who dies without the State, leaving estate to be administered within the county, whether such estate is personal property, or is real estate, liable in case of necessity to be sold for payment of his debts, and which, like personal property within the Commonwealth, cannot be sold and administered except by an administrator appointed here. The object of appointing an administrator is not to determine the rights of parties interested in that estate, but to have a legal representative of the estate of the…
2Cases cited3 opinions
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Parsons v. SpauldingMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
- Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
- Hopkins v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1931
- Cowden v. JacobsonMassachusetts Supreme Judicial Court · 1896
- Bianco v. PiscopoMassachusetts Supreme Judicial Court · 1928
1 more not listed; retrieve them via the Exa API.