Kendall v. Bates
Supreme Judicial Court of Maine
Submission to referees, acknowledged before a justice of the peace. It is admitted that the administrator had no authority to enter into the submission, except as pertaining to his office by operation of law.
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Submission to referees, acknowledged before a justice of the peace. It is admitted that the administrator had no authority to enter into the submission, except as pertaining to his office by operation of law. The submission purported to be of an annexed demand, made, by the plaintiff against the intestate, “ and all other demands on either part, except heirship;” “ the report of the arbitrators being made at the next term of the Supreme Judicial -, to be holden at Norridgewock, after such report shall be made, the judgment therein to be final.” No specific demand was annexed to the…
1Opinion of the CourtWells, J.
— Administrators are authorized to prosecute or defend suits involving the interests of the estates intrusted to their care. One mode of determining controversies, which the law has provided, is a submission to arbitration. Administrators may also discharge claims against the deceased, and having power to decide upon their existence and validity, they can transfer it to another, when disputes arise concerning such claims. Hence it has been held, that they can submit doubtful claims to arbitration. Eaton v. Cole, 1 Fairf. 137; Weston v. Stewart, 2 Fairf. 326; Coffin v. Cottle, 4 Pick. 454;…
2Cited by3 opinions
- Putterman v. SchmidtWisconsin Supreme Court · 1932
- Cogswell v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
- Estate of Burns, Superior Court of California, County of San Francisco1880