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67 Me. 504

State v. Hichborn

Supreme Judicial Court of Maine

Decided July 28, 1877

Supreme Judicial Court of Maine · decided 1877-07-28

On report. Appeal from the decree of the judge of probate, under B. S,, c. 68, § 21. Nathan G-. Hichborn died testate. The defendant was appointed his administrator with the will annexed.

Decided 1877-07-28

Appleton, C. J.

¶1The claim in controversy is for a debt due on state-prison account. By B. S., c. 66, § 1, “public rates and taxes and money due the state” have priority over the general creditors of an insolvent estate. If this is to be regarded as a preferred claim, then the commissioners of insolvency have no jurisdiction over it. Flitner v. Hanley, 19 Maine, 261. Bulfinch v. Benner, 64 Maine, 404. Nor does their adjudication deprive the appellant of any right to maintain a suit for the claim, if a preferred one.

¶2If not a preferred claim, the appellants have no ground of complaint.

¶3Appeal dismissed.

Dickerson, Virgin, Peters and Libbey, JJ., concurred.
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