Pratt v. Lamson
Massachusetts Supreme Judicial Court
Contract against the defendant as residuary legatee under the will of Stephen G. Davis, upon a promissory note for $5000, dated July 15, 1874, signed by Davis, and payable to the plaintiff in three years from date, with interest. Writ dated July 13, 1878. Trial in the Superior Court, without a jury, before Putnam, J., who ruled that the plaintiff could not recover; found for the defendant; and reported the case for the determination of this court.
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Contract against the defendant as residuary legatee under the will of Stephen G. Davis, upon a promissory note for $5000, dated July 15, 1874, signed by Davis, and payable to the plaintiff in three years from date, with interest. Writ dated July 13, 1878. Trial in the Superior Court, without a jury, before Putnam, J., who ruled that the plaintiff could not recover; found for the defendant; and reported the case for the determination of this court. If the ruling was correct, judgment was to be entered for the defendant; otherwise, judgment for the plaintiff. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This action is brought under the Gen. Sts. c. 101, § 31, which provide that “ after the settlement of an estate by an executor or administrator, and after the expiration of the time limited for the commencement of actions against him by the creditors of the deceased, the heirs, next of kin, devisees and legatees, of the deceased, shall be liable, in the manner provided in the following sections, for all debts which could not have been sued for against the executor or administrator, and for which provision is not made in chapter ninety-seven.”
*529Section 32 provides that “ a creditor whose right…
2Cited by9 opinions
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- Cantor v. NewtonMassachusetts Appeals Court · 1976
- Converse v. NicholsMassachusetts Supreme Judicial Court · 1909
- State Ex Rel. First Minneapolis Trust Co. v. FosseenSupreme Court of Minnesota · 1934
- Bassett v. DrewMassachusetts Supreme Judicial Court · 1900
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