Hammond v. Granger
Massachusetts Supreme Judicial Court
Petition to the Probate Court, under the Gen. Sts. o. 97, § 8, to order Sophronia Granger and John W. Smith, administrators with the will annexed of Lorenzo M. Granger, to retain in their hands sufficient funds to satisfy the petitioner’s claim against his estate.
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Petition to the Probate Court, under the Gen. Sts. o. 97, § 8, to order Sophronia Granger and John W. Smith, administrators with the will annexed of Lorenzo M. Granger, to retain in their hands sufficient funds to satisfy the petitioner’s claim against his estate. The Probate Court dismissed the petition, the petitioner appealed to this court, and the case was heard and reserved by Gray, C. J., for the determination of the full court, upon a statement of facts in substance as follows: Cotton Smith by his will, which was admitted to probate August 7,1860, bequeathed to George C. Smith and John…
1Opinion of the CourtGray, C. J.
The statutes of the Commonwealth concerning the payment of the debts and liabilities of deceased persons are framed with the objects, 1st, of securing a prompt settlement and distribution of the estate, and, 2d, so far as can be, of affording *275co all creditors adequate remedies. The general rule is that no executor or administrator can be sued by any creditor of the deceasfed after two years from the giving of the administration bond. Gen. Sts. c. 97, §§ 5,12. The exceptions in cases of new assets coming to the hands of the executor or administrator after the expiration of the two years, and…
2Cases cited7 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Bacon v. PomeroyMassachusetts Supreme Judicial Court · 1870
- Spelman v. TalbotMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- Oliver v. PollosMassachusetts Supreme Judicial Court · 1942
- Downer v. SquireMassachusetts Supreme Judicial Court · 1904
- Converse v. NicholsMassachusetts Supreme Judicial Court · 1909
- Gilman v. TaylorMassachusetts Supreme Judicial Court · 1929
2 more not listed; retrieve them via the Exa API.