Legal Opinion

Almy v. Probate Court of Newport

Supreme Court of Rhode Island

Decided June 7, 1894Published

Appellee’s petition for a new trial. This was an appeal by one of the legatees under the will of Seth Bateman, late of Newport, deceased, from a decree of the Court of Probate of the city of Newport, made July 3, 1893, on the petition of the executors of said will for an allowance of ■ their first account. The appeal was tried in the Common Pleás Division of the Supreme Court at Newport, Mr. Justice Douglas sitting without a jury, and the following decision rendered :—

1Opinion

Upon the announcement of the foregoing decision, the ex-ectitors filed a petition for a new trial.

2Per curiam

We find no error in the decision of the Common Pleas Division charging the executors with interest. The grounds for thus charging them are clearly set forth in that decision. We concur in those grounds and adopt them as a part of our opinion.

Orrin L. Bosworth, for appellant. William P. Sheffield, for appellee.

The fact that it was not made to appear at the trial that the executors knew who the persons were that were entitled to share in the money in their hands, or their places of residence, is…

3Cases cited2 opinions

  1. Marsh v. HagueNew York Court of Chancery · 1831
  2. Lyon's Adm'r v. Magagnos' Adm'rSupreme Court of Virginia · 1851

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