Massachusetts Supreme Judicial Court, 1878

Grow v. Dobbins

Grow v. Dobbins
Massachusetts Supreme Judicial Court · Decided June 28, 1878 · Gray
124 Mass. 560; 1878 Mass. LEXIS 375
Grow v. Dobbins

Cases that cite this one

7 later published cases cite this decision.

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Opinion of the Court

Gray, C. J.

The plaintiff did not allege or prove that the estate of the intestate had been settled when his right of action accrued. If it had not, the plaintiff had a remedy under the Gen. Sts. c. 97, §§ 8, 9, by application to the Probate Court and action against the administratrix, and therefore, by the express terms of e. 101, § 31, cannot maintain this action against the heirs. Hall v. Bumstead, 20 Pick. 2.

Exceptions overruled.

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