Brooks v. Jackson
Massachusetts Supreme Judicial Court
Contract on a bond, in 'the usual form, given by Abraham Jackson as principal, and William E. Underwood and William Carpenter as sureties, conditioned that Jackson, who had been appointed executor of the will of Joanna Latham, should make and return an inventory of the estate of the testatrix, administer the estate according to law and render an account.
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Contract on a bond, in 'the usual form, given by Abraham Jackson as principal, and William E. Underwood and William Carpenter as sureties, conditioned that Jackson, who had been appointed executor of the will of Joanna Latham, should make and return an inventory of the estate of the testatrix, administer the estate according to law and render an account. The breaches alleged were that the executor had neglected to return an inventory of the estate, had not administered the estate according to law and had failed to account. Judgment was entered for the plaintiff for the penalty named in the…
1Opinion of the CourtGray, C. J.
In the absence of special devise or contract, the rents and profits of the real estate of a deceased person belong to his heirs or devisees, and not to his administrator or executor, even if the estate is insolvent, unless and until the real estate is sold for the payment of debts, under a power expressed in the will or by license of court; and if the executor or administrator receives such rents, the heirs or devisees may recover them from him in an action at law. Gibson v. Farley, 16 Mass. 280.
It has been provided by statute, that if the executor or administrator uses or occupies any part…
2Cases cited5 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
- Alden v. StebbinsMassachusetts Supreme Judicial Court · 1868
3Cited by25 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Rugo v. RugoMassachusetts Supreme Judicial Court · 1950
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