Ames v. Jackson
Massachusetts Supreme Judicial Court
Two ACTIONS of contract in the name of the judge of probate for the county of Suffolk on behalf of the widow and next of kin of Thomas L. D. Perkins, on two several bonds given by Abraham Jackson and Lucius Slade respectively, who were joint administrators of the estate of said Perkins. The breach alleged was failure to account. Judgment was entered in each case for the penalty of the bond.
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Two ACTIONS of contract in the name of the judge of probate for the county of Suffolk on behalf of the widow and next of kin of Thomas L. D. Perkins, on two several bonds given by Abraham Jackson and Lucius Slade respectively, who were joint administrators of the estate of said Perkins. The breach alleged was failure to account. Judgment was entered in each case for the penalty of the bond. At the trial in this court before Wells, J., the case was reserved for the consideration of the full court upon a report in substance as follows: The case had been sent to an auditor to determine for what…
1Opinion of the CourtWells, J.
The statute limiting actions against executors and administrators. Gen. Sts. c. 97, § 5, is obligatory upon the executor and administrator as well as upon the creditor; and cannot be waived. If the executor or administrator neglects to plead the statute, and thereby judgment is recovered in an action brought after the debt is legally barred; or if he voluntarily pays the debt, it is held to be in his own wrong, and he cannot claim to be reimbursed from the estate. But this limitation is not directly applicable to claims due to the executor or administrator himself, whether for debts…
2Cases cited5 opinions
- In re AllenMassachusetts Supreme Judicial Court · 1818
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Scott v. HancockMassachusetts Supreme Judicial Court · 1816
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Bancroft v. AndrewsMassachusetts Supreme Judicial Court · 1850
3Cited by19 opinions
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- M. C. Lee & Co. v. WilmerdingTexas Supreme Court · 1882
- Donovan v. WalshMassachusetts Supreme Judicial Court · 1921
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