Potter v. Titcomb
Supreme Judicial Court of Maine
Scire facias by the administrator of Elizabeth Titcomb, who was the widow of Moses Titcomb, deceased, on whose estate Joseph Titcomb was administrator, to have execution for one half of the amount of a judgment formerly recovered against Joseph Titcomb, founded on official delinquency in fraudulently concealing a debt due to the estate from the administrator himself and neglecting to account for the same.
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Scire facias by the administrator of Elizabeth Titcomb, who was the widow of Moses Titcomb, deceased, on whose estate Joseph Titcomb was administrator, to have execution for one half of the amount of a judgment formerly recovered against Joseph Titcomb, founded on official delinquency in fraudulently concealing a debt due to the estate from the administrator himself and neglecting to account for the same. During the pendency of this scire facias Joseph Titcomb died, and Eunice Titcomb became executrix of his will. The last trial was before Weston, late C. J. It there appeared- that Elizabeth,…
1Opinion of the Court
The opinion of the Court, Shepley J. having been of counsel in the original action, and taking no part in the decision, was drawn up and read at the April Term, 1844, by
Whitman C. J.
— It is important in the first place to understand what rights Elizabeth Titcomb, if living, could claim as the widow of Moses Titcomb, under the laws of this State. She was an alien, and, with her husband, was domiciled in St. Croix, an island in the West Indies, under the dominion of the King of Denmark. Her husband having died possessed of a considerable real estate situate in this State, and having debts due…
2Cases cited1 opinion
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- Schoellkopf v. DevryIllinois Supreme Court · 1937
- Merrill v. WilsonMichigan Supreme Court · 1887
- Cole v. SmithSupreme Court of Colorado · 1899
- Abbot v. JohnsonSupreme Court of New Hampshire · 1855
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