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1 Mass. 293

Dorr v. CommonWealth

Massachusetts Supreme Judicial Court · decided 1805-03-15

<p>On the 13th day of June, 1800, the General Court passed the following resolve, viz.—“ Whereas, it hath been represented to the General Court that Elias Norberg, otherwise called Elias Newbury, formerly of Sweden, and a naturalized citizen of the United States of America, is now dead, intestate ; that administration on his goods and effects, rights .and credits, has been duly committed by the judge of probate for the county of Suffolk, to Ebenezer Dorr, of Boston, in the same county; that there is in the hands of said administrator a large sum of money, the estate of said intestate, to which no person has yet entitled himself as next of kin to said intestate, and that the same money, in defect of heirs of said intestate, doth and will belong to the commonwealth. Therefore, resolved, that the Attorney-General be, and hereby is, authorized and directed to take all due measures to obtain a decree of the said Probate Court, that the same money be paid to the treasurer of the commonwealth, in order that the same may be retained by the said treasurer, to and for the use of the commonwealth, until some person or persons shall be entitled to receive the same as next of kin of the said intestate, or in some other legal way and manner. And, also, that said Attorney-General cause such decree, when obtained, to be carried into effect.”</p>

Decided 1805-03-15

The Court

¶1(Dana, C. J., Strong, Sedgwick, and Thacher, justices) were unanimously of opinion that the decree ought to be affirmed. They said that they did not undertake to determine to whom the property belonged ; that question was not before them. The General Court has interfered; not directing the Probate Court, but leaving it in the discretion of the judge, to pass or not to pass the decree prayed for by the Attorney-General; the right to the property is not intended to be and will not be concluded by affirming the decree; the question is merely whether the property shall rest on the security of the administration bond, or be placed in the care of the government. Under the circumstances of this case, the Court are clearly of opinion that it may and ought to be deposited in the treasury of the commonwealth, for the purposes specified in the resolve.

¶2 Decree affirmed

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