Grow v. Dobbins

Decided February 16, 1880

Massachusetts Supreme Judicial Court · decided 1880-02-16

Bill in equity, filed April 2, 1877, against the heirs of William Dobbins, alleging that, on January 19, 1872, the plaintiff executed to William Dobbins a lease of a parcel of land in Lowell for the term of ten years from date, Dobbins to pay rent at the rate of one hundred and fifty dollars a year in monthly instalments; that Dobbins died on August 6, 1873, and on September 2, 1873, his widow was appointed administratrix of his estate, and paid the rent up to January…

Cited by 3 later decisions — most recently June 1898

3 state decisions

Relies on Grow v. Dobbins · Brooks v. Rayner

Good law ✅— No negative treatment on recordhow we know

Decided 1880-02-16

View the full empirical analysis of this case →

Gray, C. J.

¶1By the Gen. Sts. e. 101, §§ 31-34, it is only “ after the settlement of an estate by an executor or administrator,” as well as after the expiration of the time limited for the commencement of actions against him, that debts which could neither have been sued against him, nor secured by application to the judge of probate, under c. 97, § 8, to have assets retained or a bond given, can be the subject either of an action at law or of a suit in equity against the heirs or next of kin. In the present case, there being no allegation or proof that the estate had been settled, the bill was rightly dismissed. Grow v. Dobbins, 124 Mass. 560. Brooks v. Rayner, 127 Mass. 268.

¶2Fxeeptions overruled.