Legal Opinion

Butler v. Ricker

Supreme Judicial Court of Maine

Decided April 15, 1830PublishedCited by 1 opinion

This was an action of assumpsit, brought to recover the amount of two promissory notes made by the defendant’s intestate, and payable to the plaintiff.

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This was an action of assumpsit, brought to recover the amount of two promissory notes made by the defendant’s intestate, and payable to the plaintiff. In a case stated by the parties, it appeared that the intestate died in July 1827 ; that .the defendant was afterwards appointed admin-istratrix, and on the sixth day of November 1827, duly returned an inventory of the estate, and on the same day represented it insolvent, and procured the appointment of commissioners to receive and examine the claims of creditors ; — that the commissioners, at the expiration of the time allowed by the judge of…

1Opinion of the Court

Weston J.

delivered the opinion of the Court at an adjournment of the ensuing May term in Cumberland.

This action is attempted to be sustained, upon the twenty-eighth section of the act to regulate the jurisdiction and proceedings of the courts of Probate; the defendant not having settled her final account of administration, within six months after the report of the commissioners of insolvency, upon the estate of J;he intestate, had been made to the judge. The section before stated, is transcribed in the revised laws of this State, with very little alteration, from the statute of Massachusetts…

2Cases cited3 opinions

  1. Wildridge v. PattersonMassachusetts Supreme Judicial Court · 1818
  2. Henshaw v. BloodMassachusetts Supreme Judicial Court · 1804
  3. Freeman v. AndersonMassachusetts Supreme Judicial Court · 1814

3Cited by1 opinion

  1. State of Maine v. Christopher RaySupreme Judicial Court of Maine · 2025

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