Bucknam v. Phelps
Massachusetts Supreme Judicial Court
The appellant, at a Probate Court holden in February, 1809, represented to the judge, that the estate of her intestate was insolvent, and prayed for the appointment of commissioners to receive and examine the claims of the creditors.
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The appellant, at a Probate Court holden in February, 1809, represented to the judge, that the estate of her intestate was insolvent, and prayed for the appointment of commissioners to receive and examine the claims of the creditors. On a hearing of the parties, the judge rejected the representation of the administratrix, and refused to appoint commissioners. —Afterwards, at a Probate Court holden in July of the same year, she again represented to the judge, that the estate was insolvent, and insufficient to pay all the just debts of the deceased, and renewed her request for the appointment…
1Opinion of the Court
Curia.
We are of opinion that the judge erred in refusing to hear the evidence offered by the administratrix in this case. At the» *367time of the first decree, the evidence to prove the insufficiency of the estate to pay all the debts, might not establish or render that fact probable. But since that time, evidence of new facts tending to prove that insufficiency may be in the possession of the appellant. New debts may have been since exhibited to her; or credits or effects supposed to belong to the estate may have been found to be of little or no value. — The judge, therefore, * ought to have…
2Cited by2 opinions
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1886
- Pettee v. WilmarthMassachusetts Supreme Judicial Court · 1862