Brown v. Greene
Massachusetts Supreme Judicial Court
Petition, filed May 28, 1901, to the Probate Court for the County of Suffolk by one of the executors under the will of Albert Pitts, late of Boston, for the allowance of a personal claim against the estate upon a promissory note signed by the testator, for $11,500, and $2,873.40 interest thereon. In the Probate Court the case was heard by McKim, J., upon agreed facts.
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Petition, filed May 28, 1901, to the Probate Court for the County of Suffolk by one of the executors under the will of Albert Pitts, late of Boston, for the allowance of a personal claim against the estate upon a promissory note signed by the testator, for $11,500, and $2,873.40 interest thereon. In the Probate Court the case was heard by McKim, J., upon agreed facts. It appeared, that Albert Pitts died on December 19, 1898, that his will was proved on January 12, 1899, and that Alice S. Pitts and Allen A. Brown, the petitioner, were appointed executors, gave bonds and gave notice of their…
1Opinion of the CourtHolmes, C. J.
This is an appeal from a decree of the Probate Court disallowing a claim of the petitioner against the estate in his own hands as executor. More than two years after he was appointed and gave bond he represented the estate insolvent, and subsequently filed a petition for the allowance of his claim, we presume under Pub. Sts. c. 136, § 6. The claim is disputed only on the ground that it was not presented within *110two years under Pub. Sts. c. 136, § 9, and the question before us is whether the special statute of limitations applies to a personal claim of the executor himself against the assets in…
2Cases cited8 opinions
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3Cited by9 opinions
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