2 MASS 80 - Parsons v. Mills

How this case has been cited

Cited by 3 later decisions — most recently March 1895

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Administrator corruptly neglecting to oppose illegal claims against an insolvent estate is liable to an action by the party injured, but Probate Court will not reject the report of commissioners on such a suggestion.

¶2This action remaining still on the docket: (b) It was observed by The Court that the plaintiff had clearly misconceived his remedy The judge of probate, having no means of discovering that the report of commissioners is erroneous, can exercise no judicial discretion over it. If the administrator is guilty of neglect or corruption in not opposing the admission of illegal claims by the commissioners, he may be liable to an action on * his administration bond, or to a special action of the case for waste. The doings of the commissioners, not having been seasonably arrested in the manner directed by the statute, (1) are not now open to examination in this Court.

¶3We are of opinion that the plaintiff take nothing by his appeal, (c)

¶4 Vide 1 Mass. T. Rep. 431