¶1The accounts of executors and administrators must be settled in the first instance in the Probate Court, and, until that court has made a decree for the settlement of an account, no appeal lies to this, court. Gen. Sts. c. 98; c. 117, §§ 8, 16. Demmon v. Green, 5 Dane Ab. 266. The Probate Court *528has made no decree for the settlement of the account of the appellant, either as presented, or as modified by charging him with the amount due on the mortgage. Its decree resembles a judgment rendered by the Superior Court for a plaintiff, without ascertaining the amount which he shall recover; in which case no appeal lies to this court. Riley v. Farnsworth, 116 Mass. 223. The decree of the justice of this court, affirming the decree of the Probate' Court, and referring the case to a master, must therefore be set aside, and the appeal from the Probate Court Dismissed for want of jurisdiction.
129 Mass. 527
Cook v. Horton
Massachusetts Supreme Judicial Court
Decided October 12, 1880
Massachusetts Supreme Judicial Court · decided 1880-10-12
Appeal by an administrator from a decree of the Probate Court, by which, after his final account, showing a balance in his hands of $319.75, had been presented for allowance, and had been objected to by one of the heirs at law because the administrator had failed to collect the amount of $1952.50 and interest, due at the time of the death of the intestate, and secured by a mortgage held and owned by him at that time, it was decreed that the account “ be not allowed and…
Cited by 1 later decisions — most recently February 1914
1 state decisions
Relies on Riley v. Farnsworth
Good law ✅— No negative treatment on recordhow we know
Decided 1880-10-12
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