Beverstock v. Brown

The principles laid down in Capen v. Duggan, 136 Mass. 501, are decisive of this case. The plaintiff seeks to charge a trustee on account of money received from a sale of real estate as administrator, to pay debts of the intestate. It is contended that, after paying debts and charges of administration, there may be a surplus, to a share of which the defendant will be entitled. But the important fact which leaves the process ineffectual to charge the trustee is, that at the time of service there was no certainty that anything would ever come to the defendant from the sale of real estate.…