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32 Me. 519

Reed v. Gilbert

Supreme Judicial Court of Maine

Decided April 15, 1851

Supreme Judicial Court of Maine · decided 1851-04-15

Exceptions from the District Court. Assumpsit against an administrator on an account against the intestate. The inventory exhibited one lot of land and some personal property, belonging to the estate. The defendant offered one of the heirs as a witness. The plaintiff objected to his admissibility.

Decided 1851-04-15

Wells, J.,

¶1orally.—The inventory is to be considered, prima fade, as embracing all the land belonging to the estate. It was not shown, in this case, that any land descended to the witness except that which he conveyed. It is not an unseen *520and mere possible interest, which excludes a witness; it must be an apparent one. The deed therefore was a sufficient discharge of the witness’ interest as to real estate.

¶2What disposition the administrator would be bound to make of the avails of the personalty, need not now be determined. But in no event could a suit against him be maintained by this witness for his share. Such a suit would be barred by the release.

¶3Exceptions overruled.

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