Legal Opinion
Akins v. Firstbank, N.A.
Supreme Judicial Court of Maine
Decided June 6, 1980PublishedCited by 5 opinions
1Opinion of the Court
GODFREY, Justice.
This is an appeal from a decision of the Superior Court in an action based on fraud. The presiding justice dismissed the complaint under Rule 12(b) on the ground that plaintiff was, in effect, collaterally attacking a decision of the probate court from which she had not taken an appeal within a year pursuant to 4 M.R.S.A. § 403. The plaintiff filed a timely appeal to this Court. We sustain the appeal.
The plaintiff, Marcia Akins, was a beneficiary of the will of John H. Gilkey, who died in October, 1965. Under the terms of the will, the defendant Firstbank, then known as First…
2Cases cited4 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Westman v. ArmitageSupreme Judicial Court of Maine · 1966
- Cole v. McGlathrySupreme Judicial Court of Maine · 1832
- Vanasse v. LabrecqueSupreme Judicial Court of Maine · 1977
3Cited by5 opinions
- Sebago, Inc. v. Beazer East, Inc.District Court, D. Massachusetts · 1998
- Chiapetta v. Clark AssociatesSupreme Judicial Court of Maine · 1987
- Harkness v. FitzgeraldSupreme Judicial Court of Maine · 1997
- Webb v. HaasSupreme Judicial Court of Maine · 1995
- Wilson v. BodnarDistrict Court, D. Maine · 2010