Russell v. Belcher
Supreme Judicial Court of Maine
On report. The opinion states the case. The report provided that if the relationship of the judge of probate with the testatrix rendered the administrator incompetent to act in such capacity, then the' action should stand in court for further action of the probate court. Otherwise the defendant was te be defaulted.
1Opinion of the CourtPeters, C. J.
The question is whether a judge of probate is competent to appoint an administrator (with the will annexed) upon the estate of a testatrix whose husband was the judge’s uncle. The judge, a nephew of the husband of the testatrix, made such an appointment. The defendant is sued upon a note (given to the testatrix in her life-time) by the administrator, and, as a defense to the action, contends that the judge was not competent to act in the premises, and that the appointment was void.
Reliance is placed by the defendant upon the case of Hall v. Thayer, 105 Mass. 219, as an authority for the…
2Cases cited6 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
- In re LeefeNew York Court of Chancery · 1846
- AldrichMassachusetts Supreme Judicial Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Waite v. Utah Labor Comm'nUtah Supreme Court · 2017
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Hughes v. BlackSupreme Judicial Court of Maine · 1960