Alden v. Stebbins
Massachusetts Supreme Judicial Court
Contract, commenced April 9,1867, on an account for wages due from the defendant’s intestate, Ruby Carter, in his lifetime, and money paid for said Ruby’s funeral expenses ; submitted to the determination of the full court on agreed facts, of which the following are all that are material.
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Contract, commenced April 9,1867, on an account for wages due from the defendant’s intestate, Ruby Carter, in his lifetime, and money paid for said Ruby’s funeral expenses ; submitted to the determination of the full court on agreed facts, of which the following are all that are material. Carter died March 28,1864. The defendant was appointed administrator September 27, 1864; gave bond and took his letters of administration on October 15 next following; gave due notice of his appointment and made return thereof within one year afterwards; included the real estate of the intestate in his…
1Opinion of the CourtWells, J.
The case of Chenery v. Webster, 8 Allen, 76, is decisive against this action. The real estate in question was *617inventoried, and, by statute, was assets for the payment of debts, to be converted and applied in the mode which the statute prescribes. If the plaintiff had sued her demand within the two years limited for that purpose, the defence of plene administravit could not have been maintained. Hildreth v. Marshall, 7 Gray, 167.
The fifty dollars received for rent after the two years had expired does not appear to be “ assets ” at all, but to belong to the heirs; and so must the real estate…
2Cited by8 opinions
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Choate v. JacobsMassachusetts Supreme Judicial Court · 1884
- Fay v. HaskellMassachusetts Supreme Judicial Court · 1911
- Copeland v. FifieldMassachusetts Supreme Judicial Court · 1902
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