Almy v. Crapo
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate on July 18, 1866, allowing an account of William W. Crapo and Emily M. Almy as administrators of the estate of Benjamin R. Almy, the deceased husband of said Emily, and overruling a motion of the appellant, one of the heirs of the deceased, for the appointment of three disinterested persons to determine, under the Gen. Sts. c. 98, § 8,* a sum which the administrators should allow for the use and occupation by said Emily, since the…
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Appeal from a decree of the judge of probate on July 18, 1866, allowing an account of William W. Crapo and Emily M. Almy as administrators of the estate of Benjamin R. Almy, the deceased husband of said Emily, and overruling a motion of the appellant, one of the heirs of the deceased, for the appointment of three disinterested persons to determine, under the Gen. Sts. c. 98, § 8,* a sum which the administrators should allow for the use and occupation by said Emily, since the death of her husband, of a dwelling-house and land owned and occupied by him when he died; heard by Colt, J., and…
1Opinion of the CourtWells, J.
The Gen. Sts. c. 98, § 8, do not make an executor or administrator liable for the use and occupation of real estate for which he would not otherwise be liable in some form. The purpose of that section is to provide a mode for determining the amount and disposition of what may be due for the use or income of real estate, when the occupation is such as to create a liability therefor.
It is no part of the duty of administrators to take charge of the real estate ; and, whether they do so or not, creditors are not entitled to require them to account for the income. Gibson v. Farley, 16 Mass. 280.…
2Cases cited1 opinion
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
3Cited by12 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Bodfish v. BodfishMassachusetts Supreme Judicial Court · 1870
- Koutoudakis v. Great American Indemnity Co.Massachusetts Supreme Judicial Court · 1934
- Brown v. BaronMassachusetts Supreme Judicial Court · 1894
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