Legal Opinion

Martin v. Gage

Massachusetts Supreme Judicial Court

Decided June 19, 1888PublishedCited by 11 opinions

Appeal, by Hanno W. Gage, from a decree of the Probate. Court, made on April 19,1886, appointing William H. Martin as administrator of the estate of his wife, Isabella H. Martin.

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Appeal, by Hanno W. Gage, from a decree of the Probate. Court, made on April 19,1886, appointing William H. Martin as administrator of the estate of his wife, Isabella H. Martin. The appellant filed, among other reasons of appeal, the following: “ That there were no goods, effects, estate, or debts to or by the said Isabella H. Martin, in this Commonwealth, at the time of the appointment of the said William H. Martin as administrator of said estate, and that the Probate Court had no jurisdiction over the subject matter at the time of the said appointment.” Hearing before Gardner, J., who…

1Opinion of the CourtW. Allen, J.

The appellant is the administrator, appointed by the courts of the State of Maine, of the estate of Isabella H. Martin, "who was a resident of that State, and who died there. He appeals from the decree of the Probate Court of Essex County in this Commonwealth, appointing the appellee administrator of the estate of Mrs. Martin. The principal administration is in the State of Maine, and administration granted in this Commonwealth must be ancillary to that. The domiciliary administrator, representing the general estate, has an interest in ancillary administrations, and can appeal from the…

2Cases cited5 opinions

  1. Doolittle v. LewisNew York Court of Chancery · 1823
  2. Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
  3. Valentine v. JacksonNew York Supreme Court · 1832
  4. Holcomb v. PhelpsSupreme Court of Connecticut · 1844
  5. Administrator of Bullock v. RogersSupreme Court of Vermont · 1844

3Cited by11 opinions

  1. Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
  2. Frothingham v. ShawMassachusetts Supreme Judicial Court · 1899
  3. Greves v. ShawMassachusetts Supreme Judicial Court · 1899
  4. Doane v. BigelowMassachusetts Supreme Judicial Court · 1936
  5. Gardiner v. ThorndikeMassachusetts Supreme Judicial Court · 1903

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