Perkins v. Ladd
Massachusetts Supreme Judicial Court
Tort, brought by the administrator of the estate of Frank A. Rolfe, for the conversion of two horses belonging to the estate.
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Tort, brought by the administrator of the estate of Frank A. Rolfe, for the conversion of two horses belonging to the estate. At the trial in the Superior Court, before Lord, J., there was evidence to show that the plaintiff’s intestate, an officer in the United States army, was killed in the battle of the Wilderness in 1864; that his horses, sword and various other articles were sent by the general of the army to Washington, D. C., directed to the care of the defendant, a paymaster in the United States army, who forthwith forwarded all the articles, except the horses, to the widow of the…
1Opinion of the CourtDevens, J.
The rights of the plaintiff, who seeks to recover here for an alleged conversion of the property of his intestate, must be governed by the principles which would control in an action for wrongful intermeddling with the estate by one who it .vas claimed had thereby rendered himself liable as executor de son tort. Under Gen. Sts. c. 94, § 14, any one intermeddling injuriously with the estate of a deceased person without being thereto authorized by law, is liable to the persons aggrieved as an executor in his own wrong; and by section 15 of the same chapter, every executor in his own wrong is…
2Cases cited1 opinion
- Brown's Adm'r v. SullivanIndiana Supreme Court · 1864
3Cited by3 opinions
- Pettengill v. AbbottMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. OrlerMassachusetts Supreme Judicial Court · 1925
- Wilder Grain Co. v. FelkerMassachusetts Supreme Judicial Court · 1936