Winship v. Bass

This case comes before us as the Supreme Court of Probate, on an appeal from a decree of the Judge of Probate for the county of Suffolk, by which the appellant, who had been appointed one of the executors of Edward Tyler, was removed and discharged from that trust.

*177The cause for the removal, as set forth in the decree, is, that the appellant, at the time of making and proving of the last will of the testator, and of the passing of the decree, was indebted to the estate of the testator in a large sum of money, which he refused to consider as assets, on the ground that he was discharged…