Legal Opinion

Leland v. Newton

Massachusetts Supreme Judicial Court

Decided October 15, 1869PublishedCited by 5 opinions

Appeal by Newton from .a decree of the probate court disallowing his account as administrator of the estate of William Brown, deceased, rendered on the citation of Leland, administrator of the estate of one of the heirs and next of kin of Brown. Newton and Brown were partners at the time of the decease of the latter.

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Appeal by Newton from .a decree of the probate court disallowing his account as administrator of the estate of William Brown, deceased, rendered on the citation of Leland, administrator of the estate of one of the heirs and next of kin of Brown. Newton and Brown were partners at the time of the decease of the latter. By the inventory of Brown’s estate, it appeared that he died possessed of a small amount of separate real estate, but of no separate personal estate, and that there was partnership property, both real and personal, belonging to Newton and Brown, at the time of his decease.…

1Opinion of the CourtChapman, C. J.

The principles to be applied to this case are plain. When pne of two copartners dies, the survivor should settle the estate, and account to the personal representative of the deceased. Washburn v. Goodman, 17 Pick. 519. But if the survivor himself becomes the personal representative of the deceased, he becomes bound, as executor or administrator, to render an account of his proceedings to the judge of probate. That account necessarily involves the settlement of the partnership affairs. There is no need of any other legal process, because all persons interested in the estate have an…

2Cases cited1 opinion

  1. Bancroft v. AndrewsMassachusetts Supreme Judicial Court · 1850

3Cited by5 opinions

  1. Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
  2. Moore v. Fidelity Trust Co.Court of Appeals for the Third Circuit · 1905
  3. In Re the Estate of ChuckHawaii Supreme Court · 1935
  4. Moore v. Fidelity Trust Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
  5. Mitchell's EstatePennsylvania Orphans' Court, Philadelphia County · 1938

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