Legal Opinion

Capen v. Duggan

Massachusetts Supreme Judicial Court

Decided February 28, 1884PublishedCited by 7 opinions

Tbustee pbocess. In the Superior Court, the trustees were charged, and appealed to this court. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

Our statutes provide that “ debts, legacies, goods, effects, or credits due from or in the hands of an executor or administrator as such may be attached in his hands by the trustee process.” Pub. Sts. c. 183, § 22. Gen. Sts. c. 142, § 22. The answers of the alleged trustees in this case disclose that they are the executors of the estate of William B. Duggan; that the principal defendant is a son, and one of the devisees and heirs at law of the testator; that the personal property of the estate was insufficient to pay the debts; that, after the writ was served upon them, they obtained leave of…

2Cases cited1 opinion

  1. Gaines' administratrix v. PoorCourt of Appeals of Kentucky · 1861

3Cited by7 opinions

  1. Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
  2. Mechanics' Savings Bank v. WaiteMassachusetts Supreme Judicial Court · 1889
  3. Mosher v. MosherMassachusetts Supreme Judicial Court · 1936
  4. Beverstock v. BrownMassachusetts Supreme Judicial Court · 1893
  5. Estate of BushnellClark County Probate Court · 1905

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