Hill v. Davis
Massachusetts Supreme Judicial Court
Debt qui tam for not causing the will of the said Benjamin to be proved, or presenting the same to the judge of probate, with their refusal to accept the trust, within thirty days of the decease of the testator. The action was pending in Middlesex.
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Debt qui tam for not causing the will of the said Benjamin to be proved, or presenting the same to the judge of probate, with their refusal to accept the trust, within thirty days of the decease of the testator. The action was pending in Middlesex. The writ was served on Joshua Davis only, who pleaded that he did not owe the plaintiffs any thing in manner and form as they had declared; and this issue being joined by the plaintiffs, a trial was had at the sittings after the last October term in Cambridge, before the Chief Justice. *Upon the trial, the plaintiffs, to maintain the issue on [ *…
1Opinion of the CourtParsons, C. J.
By the statute of 1783, c. 24, § 16, it is enacted that if any executor, or executors, of any will, knowing of their appointment, shall not, within thirty days after the testator’s decease, present the will to the Probate Court, every executor, so neglecting his or her trust in that behalf, (without just excuse made and accepted by the judge of probate for such delay,) shall, for his or her neglect, forfeit five pounds, for each month he or she shall delay to present the will, to be recovered by action of debt, one moiety to the plaintiff, and the other moiety to the legatees.
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2Cited by8 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Thayer v. KitchenMassachusetts Supreme Judicial Court · 1909
- Curtis v. HurlburtSupreme Court of Connecticut · 1817
- Ferrett v. AtwillU.S. Circuit Court for the District of Southern New York · 1846
- Hurricane Telephone Co. v. MohlerWest Virginia Supreme Court · 1902
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