Linton v. Allen
Massachusetts Supreme Judicial Court
Conte act, against the administrator de bonis non, with the will annexed, of the estate of Chloe A. Berry, on a bond for a deed signed by the plaintiff and by the testatrix. At the trial in the Superior Court, before Staples, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which, so far as material to the points decided, appear in the opinion.
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Conte act, against the administrator de bonis non, with the will annexed, of the estate of Chloe A. Berry, on a bond for a deed signed by the plaintiff and by the testatrix. At the trial in the Superior Court, before Staples, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which, so far as material to the points decided, appear in the opinion. The case was submitted on briefs in November, 1890, and afterwards was submitted on the same briefs to all the judges except Field, C. J.
1Opinion of the CourtBabkee, J.
This is an action of contract, to recover money paid by the plaintiff as part of the price of land in Cottage City, under a bond for a deed from Chloe A. Berry, and money expended upon the estate while the plaintiff was in occupation under the bond, and for taxes. The action was brought on June 22, 1886, and the bond is dated October 30,1882. Chloe A. Berry died testate in August, 1883, never having had a child born alive by her husband, Zebina E. Berry, who, on April 21, 1884, was appointed special administrator of her estate. On September 25, 1884, Charles F. Allen was appointed executor of…
2Cases cited3 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Brown v. DavisMassachusetts Supreme Judicial Court · 1885
- Linton v. AllenMassachusetts Supreme Judicial Court · 1888
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- Nicolopoolos v. HillSupreme Court of Alabama · 1928
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