Hubbard
Massachusetts Supreme Judicial Court
Petition, filed August 6, 1903, in the Probate Court for the county of Norfolk, for the appointment of an administrator de bonis non of the estate of John E. Humphrey, late of Weymouth. The Probate Court made a decree dismissing the petition.
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Petition, filed August 6, 1903, in the Probate Court for the county of Norfolk, for the appointment of an administrator de bonis non of the estate of John E. Humphrey, late of Weymouth. The Probate Court made a decree dismissing the petition. On appeal, the case was heard by Braley, J. He ruled that on the facts, which are stated in the opinion, the Probate Court had no jurisdiction to make the appointment, and affirmed the decree of the Probate Court dismissing the petition. At the request of the petitioner he reported the case for determination by the full court, such decree to be entered…
1Opinion of the CourtKnowlton, C. J.
This is a petition for administration de bonis non of the estate of John E. Humphrey, deceased. Humphrey died May 12, 1891. On October 26, 1892, Eras tus Worthington, public administrator, was appointed administrator of his estate. On November 21, 1894, the final account of this administrator was allowed, and it appeared that there were no assets of the estate. On January 20, 1898, Erastus Worthington died. This petition is brought under R. L. c. 137, § 8, which authorizes the appointment of an administrator de bonis non after the death, resignation, or removal of a sole or surviving executor…
2Cases cited4 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Fall v. McMurdyCourt of Appeals of Kentucky · 1860
- Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
- Holmes v. HumphreysMassachusetts Supreme Judicial Court · 1902
3Cited by2 opinions
- Cantor v. NewtonMassachusetts Appeals Court · 1976
- Holmes v. HumphreysMassachusetts Supreme Judicial Court · 1905