Mansfield v. Holton
Supreme Court of New Hampshire
PitoiiATE Appeal, from a decree allowing the plaintiff’s first account as administrator de bonis non of the estate of Henry Holton, both in this state and in Massachusetts.
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PitoiiATE Appeal, from a decree allowing the plaintiff’s first account as administrator de bonis non of the estate of Henry Holton, both in this state and in Massachusetts. Transferred from the January term, 1907, of the superior court by Peaslee, J. The personal property of the estate was insufficient to pay the debts, and the plaintiff agreed with the defendant, wbo is sole heir1, to take charge of all the deceased’s real estate and apply the net income thereof to the payment of debts. No account was settled in Massachusetts, it being agreed that the whole matter should be adjusted in this…
1Opinion of the CourtYoung, J.
Real estate vests in the heirs, charged with the payment of debts and administration expenses. Their interest in the property is not unlike that of a mortgagor ( Gibson v. Farley, 16 Mass. 280); for they may provide the money needed to pay their ancestor’s debts and the expenses of administration, and when that is done the court will refuse to license a sale of the land, even if the debts have not been paid. Fay v. Taylor, 2 Gray 154. It is therefore the duty of an administrator to accept money of the heirs for that purpose; and if he does accept it, he will be charged with it the same as if…
2Cases cited7 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
- Choate v. JacobsMassachusetts Supreme Judicial Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- In re Estate of O'DwyerSupreme Court of New Hampshire · 1992
- Wolf Klein & Sons, Inc. v. BronsteinSupreme Court of New Hampshire · 1940
- State v. RicciardiSupreme Court of New Hampshire · 1924
- Weston v. Second Orthodox Congregational SocietySupreme Court of New Hampshire · 1919
3 more not listed; retrieve them via the Exa API.