Gold v. M'Mechan
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county. By the record in the Probate Court, authenticatea copies whereof were produced in this Court, it appeared that the appellant was administrator de bonis non of the estate of Phineas Watkins, deceased; that the estate had been represented insolvent, and that commissioners had been appointed by the judge to receive and examine all claims of the several creditors thereto; that the commissioners had made…
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This was an appeal from a decree of the judge of probate for this county. By the record in the Probate Court, authenticatea copies whereof were produced in this Court, it appeared that the appellant was administrator de bonis non of the estate of Phineas Watkins, deceased; that the estate had been represented insolvent, and that commissioners had been appointed by the judge to receive and examine all claims of the several creditors thereto; that the commissioners had made their report to the judge, which contained a list of the creditors to the estate, with their respective claims, as allowed…
1Opinion of the Court
Thacher, J.,
said he was of opinion that the decree of the judge of probate ought to be affirmed.
Sewall, J.
It does not appear from the reasons of appeal filed, nor is it otherwise pretended that the administrator, though ne objected against this claim, requested of the judge to have it stricken out of the report, or that any notice was given to the *22claimant that he must prosecute therefor at the common law The question, therefore, now before the Court seems to be whethei the Probate Court below, or this Court, as the Supreme Court of Probate, can examine the merits of a claim reported by…
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