¶1No precedent or authority for such an action as this has been furnished by the plaintiff’s counsel, and we have not been able to find any. The plaintiff properly settled *245the account of his intestate in the probate court, and if he has any further remedy we think he must seek it in that court, under Gen. Sts. c. 101, § 22. Judgment for defendant.
91 Mass. 244
Munroe v. Holmes
Massachusetts Supreme Judicial Court
Decided October 15, 1864
Massachusetts Supreme Judicial Court · decided 1864-10-15
<p>Although an executor has advanced his own moneys to pay valid claims against the solvent estate of his testator, and died without settling his account or receiving enough from the estate to reimburse himself, and the balance due to him has been settled in the probate court upon an account filed by his administrator, the latter cannot maintain an action against the administrator de bonis non of the testator’s estate to recover the amount sc found due.</p>
Decided 1864-10-15