Legal Opinion

Burgess v. Keyes

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 5 opinions

Contract, submitted on agreed facts to the determination of the superior court, which ordered judgment for the plaintiff, and the defendant appealed. The case is stated in the opinion.

1Opinion of the CourtWells, J.

The plaintiff, as administrator de bonis non of the estate of Orville L. Johnson, sues the defendant as administrator of Seth Howland, to recover a balance due upon the guardianship account of Howland, as rendered by his administrator. At the time of Howland’s decease, Johnson was his ward. There is no dispute about the amount of the balance, or that it is due unless barred by the statute of limitations relating to executors and administrators. It is conceded that it is so barred, unless the action can be maintained by reason of the fact that the defendant, as administrator of Howland’s…

2Cases cited1 opinion

  1. Simmons v. AlmyMassachusetts Supreme Judicial Court · 1868

3Cited by5 opinions

  1. Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
  2. Brigham v. MorganMassachusetts Supreme Judicial Court · 1904
  3. Attorney General v. BrighamMassachusetts Supreme Judicial Court · 1886
  4. Brewster v. SeegerMassachusetts Supreme Judicial Court · 1899
  5. Peabody v. NorthMassachusetts Supreme Judicial Court · 1894

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