Stockwell v. Shalit
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 22, 1907, by the administrator de bonis non of the estate of one Pen-field B. Goodsell against Etta A., Bernard and David H. Shalit, alleging in substance that the defendants were in possession of certain personal property formerly of the plaintiff’s intestate, which they claimed as a valid donatio causa mortis; that the defendant Etta A. Shalit was in possession of certain real estate “ belonging to the estate of the…
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Bill in equity, filed in the Superior Court on November 22, 1907, by the administrator de bonis non of the estate of one Pen-field B. Goodsell against Etta A., Bernard and David H. Shalit, alleging in substance that the defendants were in possession of certain personal property formerly of the plaintiff’s intestate, which they claimed as a valid donatio causa mortis; that the defendant Etta A. Shalit was in possession of certain real estate “ belonging to the estate of the said Penfield B. Goodsell, the title to which stood in his name at the time of his death ” and of which he was in…
1Opinion of the CourtBraley, J.
The estate, under R. L. c. 142, § 2, having been represented insolvent, and commissioners appointed by the Probate Court, the administrator as their representative could recover for the payment of debts property conveyed by the intestate in fraud of his creditors. But an administrator cannot maintain either a writ of entry or the concurrent remedy of a bill in equity to recover possession of land fraudulently conveyed unless he first obtains a license to sell. R. L. c. 146, § 17. Pease v. Pease, 8 Met. 395. Brigham v. Hunt, 152 Mass. 257. Billings v. Mann, 156 Mass. 203. O’Brien v. Murphy,…
2Cases cited5 opinions
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
- Regan v. HoweMassachusetts Supreme Judicial Court · 1877
- Tyndale v. StanwoodMassachusetts Supreme Judicial Court · 1906
- Brigham v. HuntMassachusetts Supreme Judicial Court · 1890
3Cited by10 opinions
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Browne v. FairhallMassachusetts Supreme Judicial Court · 1913
- Plymale v. KeeneMontana Supreme Court · 1926
- Jackson v. JacksonOregon Supreme Court · 1913
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