Legal Opinion

Stearns v. Stearns

Massachusetts Supreme Judicial Court

Decided October 15, 1822Published

This case was determined at October term 1821. It was an appeal from the decree of ;he judge of probate on the allowance of the second account of the appellants as administrators of the estate of their father ; and for distributing the residue among the widow and heirs of the intestate.

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This case was determined at October term 1821. It was an appeal from the decree of ;he judge of probate on the allowance of the second account of the appellants as administrators of the estate of their father ; and for distributing the residue among the widow and heirs of the intestate. In this account the judge of probate had charged the administrators with rent of the real estate of which they had had the use and occupation, and ordered them to account for the same accordingly ; and this was one of the reasons of their appeal. It appeared, that the administrators, in their first account,…

1Opinion of the Court

On the part of the appellants, it was contended, that administrators had no right to enter on the real estate of their in-testates ; and that they did not enter and occupy as administrators, but as co-heirs, and were not by law chargeable with the rent or income in their administration account; and they cited Henshaw v. Blood, 1 Mass. Rep. 35; Dean v. Dean, 3 Mass. Rep. 258; Drinkwater v. Drinkwater, 4 Mass Rep. 354; Mitchell v. Lunt, ibid. 654; Hays et al. v. Jackson el al. 6 Mass. Rep. 149; Sargent v. Parsons, 12 Mass. Rep. 149. To this it was answered, and resolved by the Court, that…

2Cases cited4 opinions

  1. Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
  2. Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
  3. Dean v. DeanMassachusetts Supreme Judicial Court · 1807
  4. Henshaw v. BloodMassachusetts Supreme Judicial Court · 1804

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