Legal Opinion

Knowlton v. Johnson

Supreme Judicial Court of Maine

Decided July 1, 1859PublishedCited by 4 opinions

Exceptions from the ruling of Davis, J. The Decree of the Judge of Probate of the county of Waldo, from which an appeal was taken by said Knowlton, was one directing the administrator of the estate of William Johnson, deceased, to divide among the heirs of said deceased a surplus remaining in his hands upon the settlement of his final account of administration of said deceased’s estate.

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Exceptions from the ruling of Davis, J. The Decree of the Judge of Probate of the county of Waldo, from which an appeal was taken by said Knowlton, was one directing the administrator of the estate of William Johnson, deceased, to divide among the heirs of said deceased a surplus remaining in his hands upon the settlement of his final account of administration of said deceased’s estate. One of the heirs of said deceased was one Joshua L. Johnson. . The surplus ordered to be divided as aforesaid was part of the proceeds of the sale of the real estate of said deceased, consisting of his…

1Opinion of the Court

*490The opinion, concurred in by a majority of the members of the Court, was drawn up by

Davis, J.

One of the heirs of the estate sold his interest therein to the petitioner. A surplus remained in the hands of the administrator to be distributed. The petitioner claimed that the distributive share of the heir who had sold to him should be decreed to be paid to him by the administrator. But the Judge of Probate disregarded the assignment, and ordered it to be paid to the heir. The petitioner appealed; at Nisi Prius, the decree was affirmed; and the petitioner excepted. The decree was correctly made.…

2Cited by4 opinions

  1. Harrington v. La RocqueOregon Supreme Court · 1886
  2. In Re Estate of M. D. FoleyNevada Supreme Court · 1898
  3. State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
  4. Johnson v. JonesMissouri Court of Appeals · 1891

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