Marvel v. Babbitt

This is an action against Edward H. Babbitt personally, in which the plaintiff seeks to hold by trustee process the proceeds of a sale of real estate, made by Babbitt as administrator, under a license of the Probate Court, which are now in the hands of his counsel. Babbitt has been removed from the office of administrator since this action was begun, and the fund is claimed by the administrator de bonis non. The court below ordered the trustee discharged, and awarded the fund to the claimant. We are of opinion that this was the proper course. Courts of common law, as well as of equity, have…