Sargent v. Sargent
Massachusetts Supreme Judicial Court
Appeal, by one of the next of kin of Daniel Sargent, from a decree of the Probate Court allowing the account of the administrator of Sargent’s estate, on the ground that the Probate Court had no jurisdiction of the matter, and no authority to allow the account. Hearing before Holmes, J., who reserved the case, on an agreed statement of facts, for the consideration of the full court.
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Appeal, by one of the next of kin of Daniel Sargent, from a decree of the Probate Court allowing the account of the administrator of Sargent’s estate, on the ground that the Probate Court had no jurisdiction of the matter, and no authority to allow the account. Hearing before Holmes, J., who reserved the case, on an agreed statement of facts, for the consideration of the full court. If the Probate Court had no jurisdiction, its proceeding in allowing the account was to be set aside ; if it had jurisdiction, its allowance of the account was to be affirmed, and the case was to be remitted…
1Opinion of the CourtAllen, J.
The administrator was appointed for the purpose of presenting and collecting a claim for French spoliations, and *421in that capacity he received the amount of an award, under U. S. St. of March 3, 1891, 26 U. S. Sts. at Large, 862, 908, for which he has sought to account in the Probate Court as administrator, and to have the amount of his reasonable charges and expenses ascertained and deducted. The question relates only to the form in which the duty .of the administrator to pay over the money to those entitled may be enforced.
It often happens that an executor or administrator may receive money…
2Cases cited12 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
- Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
- Southern Pac. Co. v. De Valle Da CostaCourt of Appeals for the First Circuit · 1911
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Hanlon v. Frederick Leyland & Co.Massachusetts Supreme Judicial Court · 1916
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