Patterson v. Patten
Massachusetts Supreme Judicial Court
This was a scire facias against the defendant, as he is executor of the last will and testament of Actor Patten, deceased, who was, at a former term in this county, adjudged the trustee of the goods, effects, and credits, of Thomas Buckminster. (1) The defendant pleads that, since the judgment, the said Buck-minster, the principal, has deceased insolvent.
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This was a scire facias against the defendant, as he is executor of the last will and testament of Actor Patten, deceased, who was, at a former term in this county, adjudged the trustee of the goods, effects, and credits, of Thomas Buckminster. (1) The defendant pleads that, since the judgment, the said Buck-minster, the principal, has deceased insolvent. The plaintiffs reply-that no administrator has ever been appointed on the said Buck-minster's estate, that there has been no representation of insolvency, nor any commissioners appointed, &c. To this replication the de fendant demurs, and…
1Opinion of the CourtParker, C. J.
The matter suggested in the first plea of the defendant, viz., the death of Buckminster, is not, of itself, * a sufficient answer to the writ; because, he having died after the judgment, execution might have been awarded against him, and against the trustee, unless the estate were insolvent. If it were, and so represented, then, by analogy to attachments, which, by the statute of 1783, c. 59, § 2, are to be void, the process against the trustee would be at an end, and the executor or administrator would be entitled to the goods and effects, to distribute among all the creditors, (a) But by…
2Cases cited2 opinions
- Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
3Cited by6 opinions
- Flower v. ParkerU.S. Circuit Court for the District of Massachusetts · 1823
- Guptill v. AyerMassachusetts Supreme Judicial Court · 1889
- Dailey v. ColemanMassachusetts Supreme Judicial Court · 1877
- Jewett v. SmithMassachusetts Supreme Judicial Court · 1815
- Hapgood v. FisherSupreme Judicial Court of Maine · 1849
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