33 Mass. 201
Massachusetts Supreme Judicial Court
Decided October 15, 1834
Massachusetts Supreme Judicial Court · decided 1834-10-15
Freeman having a claim against the estate of Benjamin Ward, deceased, intestate, which had been represented to be insolvent, presented it to the administrators, and likewise to the commissioners of insolvency on the estate for allowance, but it was disallowed by the commissioners.
Decided 1834-10-15
¶1But it was resolved, that presenting the claim to the commissioners was prosecuting it, and consequently that the case did not come within the statute of 1833.. And the Court said, that the appellant had a remedy under St. 1816, c. 62, (Revised Slat. c. 68, § 13.)
¶2Decree of the judge of probad affirmed.