Legal Opinion

Morrison v. Berkshire Loan & Trust Co.

Massachusetts Supreme Judicial Court

Decided February 28, 1918PublishedCited by 4 opinions

Contract by the administrator appointed in this Commonwealth of the estate of Mary D. Hass, late of the town of West Stockbridge, to recover $1,334.08 deposited by Mary D. Hass with the defendant and in its hands at the time of her death. Writ dated March 23, 1916. In the Superior Court the ease was heard by Chase, J., upon an agreed statement of facts, containing the facts that are stated in the opinion.

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Contract by the administrator appointed in this Commonwealth of the estate of Mary D. Hass, late of the town of West Stockbridge, to recover $1,334.08 deposited by Mary D. Hass with the defendant and in its hands at the time of her death. Writ dated March 23, 1916. In the Superior Court the ease was heard by Chase, J., upon an agreed statement of facts, containing the facts that are stated in the opinion. The judge refused to rule that the plaintiff was entitled to recover and found for the defendant. The plaintiff alleged exceptions.

1Opinion of the CourtDe Courcy, J.

It appears in the agreed statement of facts that Mary D. Hass died on September 22, 1910, testate, and that at the time of her death she had an account with the Berkshire Loan and Trust Company of Pittsfield in this Commonwealth. Her will was proved and allowed by the Surrogate’s Court of the County and State of New York and John D. Hass was appointed executor and duly qualified as such. On November 30, 1910, the defendant paid over to that executor the deposit, then amounting to $1,334.08. Four years later the plaintiff was duly appointed administrator of the estate of said Mary D. Hass in…

2Cases cited4 opinions

  1. Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
  2. Kennedy v. HodgesMassachusetts Supreme Judicial Court · 1913
  3. Gardiner v. ThorndikeMassachusetts Supreme Judicial Court · 1903
  4. Smith v. Second National BankNew York Court of Appeals · 1902

3Cited by4 opinions

  1. Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
  2. Wright v. MacomberMassachusetts Supreme Judicial Court · 1921
  3. The MASSACHUSETTS CO., INC. v. BergerMassachusetts Appeals Court · 1973
  4. The MASSACHUSETTS CO., INC. v. BergerMassachusetts Appeals Court · 1973

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