Legal Opinion

Robinson v. Simmons

Massachusetts Supreme Judicial Court

Decided February 29, 1888PublishedCited by 37 opinions

Bill in equity, filed March 25,1884, by two of the administrators of the estate of George W. Simmons against the surviving partners of the firm of George W. Simmons and Son, one of whom was the remaining administrator, for an account and for the recovery of an amount due the estate. On January 29, 1887, the bill was amended so as to make the surviving children of said Simmons, and the representatives of his widow and of a deceased child, parties defendant.

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Bill in equity, filed March 25,1884, by two of the administrators of the estate of George W. Simmons against the surviving partners of the firm of George W. Simmons and Son, one of whom was the remaining administrator, for an account and for the recovery of an amount due the estate. On January 29, 1887, the bill was amended so as to make the surviving children of said Simmons, and the representatives of his widow and of a deceased child, parties defendant. The case was referred to a master, whose report, so far as material, is as follows: On February 1, 1869, George W. Simmons, who had been…

1Opinion of the CourtMorton, C. J.

George W. Simmons died intestate, on December 14, 1882, leaving a widow and seven children. He was a member of the firm of George W. Simmons and Son, in which his son, George W. Simmons, Jr., and Philip A. Spofford were his partners. Immediately upon his death the two surviving partners formed a new firm under the name of G. W. Simmons & Co., and continued the business at the same place, using the capital and stock in trade of the old firm. Owing to a disagreement between the heirs, administration was not taken out until November, 1883, when the plaintiffs and the defendant Simmons were…

2Cited by37 opinions

  1. Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
  2. Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
  3. Lovejoy v. BaileyMassachusetts Supreme Judicial Court · 1913
  4. Murray v. BatemanMassachusetts Supreme Judicial Court · 1943
  5. Maynard v. RichardsIllinois Supreme Court · 1897

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