Harlow v. Dehon
Massachusetts Supreme Judicial Court
Bill in equity, filed July 30, 1867, by the administrator de lords non of the estate of Charles Woods against William Dehon and John H. Swasey, administrators de bonis non, with the will annexed, of the estate of William H. Prentice. The bill was subsequently amended by making the heirs, who were also the residuary devisees, of William H. Prentice, defendants.
Read the full summary
Bill in equity, filed July 30, 1867, by the administrator de lords non of the estate of Charles Woods against William Dehon and John H. Swasey, administrators de bonis non, with the will annexed, of the estate of William H. Prentice. The bill was subsequently amended by making the heirs, who were also the residuary devisees, of William H. Prentice, defendants. The case, as it appeared from the pleadings and agreed state- « ment of facts, on which it was reserved by Morton, J., for the consideration of the full court, was as follows: In 1852, the executors of the will of Samuel Woods, the…
1Opinion of the CourtWells, J.
This claim arises upon a sealed instrument. If it be regarded as a-debt due from the testator, or a demand against his estate, though not barred by the general statute of limitations, yet it is barred by the limitation of actions against executors and administrators; Gen. Sts. c. 97, § 5; and if considered as first accruing upon the death of Charles Woods, it is barred as against the heirs and devisees of William H. Prentice, because the suit was not brought within one year thereafter. Gen. Sts. a. 101, §82.
The plaintiff contends, however, that the suit is brought to enforce a trust; and that…
2Cases cited2 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
3Cited by13 opinions
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- William E. Burns v. Massachusetts Institute of TechnologyCourt of Appeals for the First Circuit · 1968
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- New England Trust Co. v. SpauldingMassachusetts Supreme Judicial Court · 1941
8 more not listed; retrieve them via the Exa API.