Prescott v. Tarbell
Massachusetts Supreme Judicial Court
The appellees, who are the administrators of the estate of Samuel Tarbell, deceased, which had *been repre- [ * 205 ] sented insolvent, exhibited to the judge of probate for this county their administration account for settlement and allowance, upon which the judge passed his decree ; from which the appellants, who are creditors of the said estate, appealed, and filed the following reasons of appeal, viz.:— First.
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The appellees, who are the administrators of the estate of Samuel Tarbell, deceased, which had *been repre- [ * 205 ] sented insolvent, exhibited to the judge of probate for this county their administration account for settlement and allowance, upon which the judge passed his decree ; from which the appellants, who are creditors of the said estate, appealed, and filed the following reasons of appeal, viz.:— First. The intestate was the lawful owner, and lawfully seised and possessed, of the homestead farm, with the buildings thereon, where he lately dwelt, in said 6?., and whereon he died ;…
1Opinion of the Court
The opinion of the Court (viz., Dana, C. J., Sedgwick, Sewall, and Thacher, justices) was delivered by the Chief Justice, who said,
In this case, the conveyances made by Prescott to Dexter and *158Dexter to Brown, which, in effect, are but one conveyance, must be considered as made either to the use of Tarbell, or in trust for him, to neither of which does the administration bond extend, that having relation to personal estate only, as has been repeatedly decided. If the conveyance was in -trust, this Court could not have compelled the execution of it; and, until the legislature shall think proper…
2Cited by6 opinions
- Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
- Stewart v. AndersonTexas Supreme Court · 1888
- Merrill Trust Co. v. HartfordSupreme Judicial Court of Maine · 1908
- State v. BonneySupreme Judicial Court of Maine · 1852
- President of the Northampton Bank v. WhitingMassachusetts Supreme Judicial Court · 1815
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