Graffam v. Ray
Supreme Judicial Court of Maine
On Exceptions by Plaintiee. Tbe case is stated in the opinion. Both by statute and at common law, the residuary legatee may sue the executor for his legacy without regard to the probate bond or the probate court. “Any legatee of a residuary or specific legacy under a will, may sue for and recover the same of the executor in an action of debt at common law, or other appropriate action.”
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On Exceptions by Plaintiee. Tbe case is stated in the opinion. Both by statute and at common law, the residuary legatee may sue the executor for his legacy without regard to the probate bond or the probate court. “Any legatee of a residuary or specific legacy under a will, may sue for and recover the same of the executor in an action of debt at common law, or other appropriate action.” R. S., c. 65, § 31. And in Smith v. Lambert, 30 Maine, 137, Tenney, J., says:— “Any person having a legacy given in any last will may sue for and recover the same at common law .... the statute of 1784, c. 24,…
1Opinion of the CourtStrout, J.
Plaintiff is residuary legatee under the will of Elias S. Dodge. Defendant was executor of that will. He has filed his final account in Probate Court, and resigned his trust. Plaintiff claims that he was guilty of a devastavit, while in office as executor, in that he failed to collect certain choses in action existing in favor of Dodge, and permitted them to become barred by the statute of limitations. He seeks to recover the amount of these rights and credits in this action at common law, to his own use. The case comes here upon exceptions to a ruling of the court below sustaining a general…
2Cases cited1 opinion
- Jones v. Irvine's ExecutorsMississippi Supreme Court · 1852
3Cited by7 opinions
- Brown v. StromSupreme Court of Minnesota · 1910
- Industrial Bldg. & Loan Ass'n v. WilliamsSupreme Court of Oklahoma · 1928
- Walker's Guardian v. HendeeSupreme Court of Vermont · 1927
- Thompson v. NicholsDistrict Court, D. Maine · 1919
- Hoyt v. HubbardSupreme Judicial Court of Maine · 1944
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