Copeland v. Shapley
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Middlesex appointing Frank M. Copeland and Frank H. Stevens administrators with the will annexed of the estate not already administered of George H. Shapley, late of Newton. Upon the proof of the will of George H. Shapley, Charles H. Shapley was appointed executor and died without having fully performed his duties.
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Appeal from a decree of the Probate Court for the County of Middlesex appointing Frank M. Copeland and Frank H. Stevens administrators with the will annexed of the estate not already administered of George H. Shapley, late of Newton. Upon the proof of the will of George H. Shapley, Charles H. Shapley was appointed executor and died without having fully performed his duties. Thereupon, Frank M. Copeland, Esquire, who had been counsel for the executor during his lifetime and was counsel for his estate, petitioned for his own appointment as administrator with the will annexed of the estate not…
1Opinion of the CourtHammond, J.
It must be assumed in the absence of the evidence upon which the single justice acted that Frank H. Stevens is a proper person to act as administrator de bonis non.
It is urged by the appellant that under the statute (R. L. c. 137, § 8) only one administrator de bonis non may be appointed, but we think more than one may be appointed when such action is deemed proper by the court.
That part of the decree which remands the case to the Probate Court for the appointment of a person in the place of Copeland is within the power of the court. The case is plainly distinguishable from Jewett v. Turner,…
2Cases cited2 opinions
- Cogswell v. HallMassachusetts Supreme Judicial Court · 1903
- Jewett v. TurnerMassachusetts Supreme Judicial Court · 1899