Aldrich
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, held by George White, Esquire, acting judge, dismissing a petition filed July 3, 1871, by P. Emory Aldrich, F. P. Goulding and Asa Thayer, praying that an instrument presented might be admitted to probate as the will of Warren Hunt, and that the petitioners might be appointed administrators of his estate with the will annexed, the executor named therein having declined the trust.
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Appeal from a decree of the Probate Court, held by George White, Esquire, acting judge, dismissing a petition filed July 3, 1871, by P. Emory Aldrich, F. P. Goulding and Asa Thayer, praying that an instrument presented might be admitted to probate as the will of Warren Hunt, and that the petitioners might be appointed administrators of his estate with the will annexed, the executor named therein having declined the trust. Warren Hunt died in June 1867, and in July his will was admitted to probate, and letters testamentary issued to Francis W. Hunt, the executor named therein, who gave bond,…
1Opinion of the CourtWells, J.
These proceedings were commenced upon the assumption that the former proceedings, including the probate of the will, were all void.
In the case of Hall v. Thayer, 105 Mass. 219, it was decided that the judge of the Probate Court could not act upon an application for the appointment of his own brother-in-law as administrator de bonis non with the will annexed. One of the reasons of appeal in that case was that Joseph Thayer is a creditor of the testator, and is father-in-law of said judge; and certain expressions of the chief justice in giving the opinion are pointed out as indicating that the…
2Cases cited1 opinion
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- In Re Petition of FarberMichigan Supreme Court · 1932
- MarstonSupreme Judicial Court of Maine · 1887
- Regents of the University v. TurnerCalifornia Supreme Court · 1911
- Russell v. BelcherSupreme Judicial Court of Maine · 1884
- Lande v. J. E. Farber Co.Michigan Supreme Court · 1932