Merrill v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract by the plaintiff as administrator of the estate of Howard M. Merrill, on a policy of insurance issued by the defendants upon the life of his intestate.
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Contract by the plaintiff as administrator of the estate of Howard M. Merrill, on a policy of insurance issued by the defendants upon the life of his intestate. Writ dated February 20, 1869. The answer admitted the liability and willingness of the defendants to pay the amount of the policy to the person properly entitled thereto, but alleged that the plaintiff’s appointment as administrator was void, and that the defendants had been sued on tbe policy in Illinois; as appears more fully in the agreed facts upon which the case was submitted to the determination of the superior court, and, on…
1Opinion of the CourtWells, J.
There can be no doubt that the appointment of the administrator in Massachusetts was legal and proper. A *248debt due to the intestate from any party having a domicil in this state, or any demand or right, requiring legal authority for its enforcement, is sufficient to give jurisdiction for such an appointment. Gen. Sts. c. 117, § 2. Pinney v. McGregory, 102 Mass. 186. Picquet, appellant, 5 Pick. 65. Emery v. Hildreth, 2 Gray, 228. Such administration is auxiliary only; when the domicil of the intestate was elsewhere at the time of his decease, if there is an administrator at the place of…
2Cases cited7 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
- Colasanto v. Life Insurance Co. of North AmericaCourt of Appeals for the First Circuit · 1996
- Herman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1914
- Resnek v. Mutual Life Insurance Co. of New YorkMassachusetts Supreme Judicial Court · 1934
35 more not listed; retrieve them via the Exa API.