Minot v. Norcross
Massachusetts Supreme Judicial Court
Appeal from tbe disallowance of tbe plaintiff’s claim by tbe commissioners appointed to receive and examine claims against tbe insolvent estate of Jobn P. Healy, deceased.
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Appeal from tbe disallowance of tbe plaintiff’s claim by tbe commissioners appointed to receive and examine claims against tbe insolvent estate of Jobn P. Healy, deceased. Trial, without a jury, before W. Allen, J., wbo reported tbe case for the consideration of the full court, in substance as follows : John Percival died in 1862, leaving a last will and testament, dated August 26, 1861, which was duly proved and allowed by tbe Probate Court on October 25, 1862, and which contained, among others, the following clauses: “ All the rest and residue of my property and estate, real, personal, and…
1Opinion of the CourtDevens, J.
In White v. Ditson, 140 Mass. 351, it was held that the sureties on the bond of Healy, as executor of the will of Percival, were not responsible, in view of the limited character of the bond given by them previously to the St. of 1880, o. 152, (Pub. Sts. c. 129, § 5,) for the proceeds of the real estate which had been sold under a direction by the testator to his executor named, “ or whoever shall execute ” the will, to convert his real estate into money. When real estate had been changed into money by virtue of a power in the will, it was not, in our view, that personal property for the…
2Cases cited2 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
3Cited by3 opinions
- Ellyson v. LordSupreme Court of Iowa · 1904
- Ammidown v. KinseyMassachusetts Supreme Judicial Court · 1887
- Barlow v. NelsonMassachusetts Supreme Judicial Court · 1892