Legal Opinion

Webb v. Fuller

Supreme Judicial Court of Maine

Decided May 31, 1893PublishedCited by 27 opinions

On report. Bill in equity, heard on bill and answers which admitted the facts stated in the bill. The case is stated in the opinion. Counsel cited : Story’s Eq. § § 1431, 1434, 1435, note 2, 1436-7, 1444; JEx parte Quintín, 3 Yes. Ch. 248; 1 Pom. Eq. § § 189, 541; 1 Spence Eq. 641-2, 651; 2 Eq. Lead.

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On report. Bill in equity, heard on bill and answers which admitted the facts stated in the bill. The case is stated in the opinion. Counsel cited : Story’s Eq. § § 1431, 1434, 1435, note 2, 1436-7, 1444; JEx parte Quintín, 3 Yes. Ch. 248; 1 Pom. Eq. § § 189, 541; 1 Spence Eq. 641-2, 651; 2 Eq. Lead. Cas. pp. 1338, 1347; Jeffs v. Wood, 2 P. Wins. 129; Tucker v. Oxley, 5 Cranch, 35; JEx parte Hann, 12 Yes. 346. Counsel cited : R. S., c. 82, § 57 ; Peirce v. Bent, 69 Maine, 381; 2 Story’s Eq. § 1436 ; Preston v. Stratton, 1 Anst. R. 50 ; 1 Story’s Eq. § 137 ; 2 Red. Wills, 130-1; Sckoul. Exors.…

1Opinion of the CourtEmery, J.

Ann S. Fuller died intestate leaving an estate to be divided after settlement into four distributive shares. Two of the heirs, to each of whom one share was payable, were jointly indebted to the estate. The administrator recovered upon this indebtedness a judgment against the two heirs. He was not able to collect the whole amount of this judgment, nearly $25,000, remaining unpaid and uncollectible. He settled the estate as far as he could without the balance of the judgment, and the probate court made a decree for a distribution among the heirs of the balance in his hands amounting to a…

2Cases cited2 opinions

  1. Tinkham v. SmithSupreme Court of Vermont · 1883
  2. Earnest v. EarnestSupreme Court of Pennsylvania · 1835

3Cited by27 opinions

  1. In Re Estate of FerrisSupreme Court of Iowa · 1944
  2. Woods v. KnottsSupreme Court of Iowa · 1923
  3. In Re Estate of MikkelsenSupreme Court of Iowa · 1926
  4. Senneff v. BrackeySupreme Court of Iowa · 1914
  5. Hustad v. ReedMontana Supreme Court · 1958

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