Dana v. Prescott
Massachusetts Supreme Judicial Court
The appellant, Anna Dana, was the executrix of the last will and testament of Samuel Dana, who was formerly the executor of the last will and testament of John Bulkeley, Jun.; and the appellee, Abel Prescott, was the administrator, de bonis non, with the will annexed, of said Bulkeley.
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The appellant, Anna Dana, was the executrix of the last will and testament of Samuel Dana, who was formerly the executor of the last will and testament of John Bulkeley, Jun.; and the appellee, Abel Prescott, was the administrator, de bonis non, with the will annexed, of said Bulkeley. At the Probate Court in this county, in October, 1799, the third account of Samuel Dana, (then deceased,) as he was executor of said Bulkeley, was presented for settlement and allowance by Anna Dana, executrix of Samuel Dana; and the heirs at law of said Bulkeley, and others concerned, having been duly notified…
1Opinion of the Court
The cause was shortly spoken to on the second day of the term, and on the ninth day of the term, (Dana, C. J., Sedgwick, Sewall, and Thacher, justices, being present,) the chief justice delivered it as the unanimous opinion of the Court that the reference entered into before the judge of probate was a nullity, it not being authorized by the statute 1789, <§> 1; that the judge of probate had no authority to allow a reference of any demand which an executor or administrator, as such, has against the estate of the testator or intestate ; and that the statute extends to such demands only as he…
2Cited by3 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Harriman v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Smith v. SnyderNew York Supreme Court · 1836