[DOWNLOAD] "Brackett v. Fuller Et Al." by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Brackett v. Fuller Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
SANDERSON, J. On September 9, 1930, the executrix of the will of J. Albert Brackett filed in the probate court an account purporting to be the first and final account of her testator as the special administrator of the estate of Charles S. Harris and purporting to cover the period from March 21, 1927, to May 3, 1928. Pursuant to G. L. c. 215, § 13, the Judge of probate reserved and reported the case and all questions of law for the consideration and determination of the Supreme Judicial Court, upon an agreed statement of facts and requests for rulings of law. The parties agreed for the purpose of determining the questions of law involved, and without prejudice to the rights of the contestants and the accountant and the surety to contest the amounts due and to assert any proper set-offs or counterclaims if the questions of law are decided adversely to the accountant, that in June, July, August, September and October after his appointment as executor Mr. Brackett, by checks signed 'J. Albert Brackett, Executor, Estate of Charles S. Harris,' made withdrawals from the account of the Harris estate in the Old Colony Trust Company and improperly applied the proceeds as withdrawn; that 'If, upon all the facts, the said Brackett is chargeable with these withdrawals as special administrator, the case is to be remanded to the Probate Court for a determination of the amount of these improper withdrawals and amount of any set-offs or counterclaims to same.' Harris died testate January 19, 1927, bequeathing all of his estate to Emily A. Fuller, one of the respondents, and nominated J. Albert Brackett to be executor without giving sureties on his official bond. The allowance of the will was contested and the order of the probate Judge denying issues for a jury was affirmed by this court in Brackett v. Harris, 263 Mass. 334, 160 N.E. 812. On March 22, 1927, Mr. Brackett was appointed special administrator and qualified by giving bond with the respondent Fidelity & Deposit Company, of Maryland, as surety. Guy E. Healey, a witness to the will, was engaged by Mr. Brackett to act as counsel for the estate soon after Harris died, and acted as counsel in the will contest and in other matters connected with the estate. On July 22, 1927, the special administrator filed an inventory showing that substantially all the property in the estate consisted of Liberty loan bonds with overdue coupons, a deposit in the Atlantic National Bank savings department, and a sum in cash. On April 16, 1928, the special administrator filed a petition for leave to pay specified claims against the estate, among which was one of Mr. Healey for legal services in the sum of $750, and another, his own claim, for services as special administrator in the sum of $250. This petition was approved by the court on the day it was filed without notice to any one. The claims thus authorized to be paid appear as items one to thirteen, inclusive, in schedule B of the account of the special administrator. It appeared that all the payments thus approved by the Judge of probate were made either before or after the date of approval. On May 3, 1928, the will was allowed and Mr. Brackett was appointed executor, giving bond without sureties. On January 3, 1930, he died. On April 28, 1930, John J. Enright was appointed administrator de bonis non with the will annexed of the estate of Harris. The special administrator's first and final account was signed and sworn to by him on May 4, 1928, but not filed until September 9, 1930, about eight months after his death. The only items in dispute in this account are those numbered twelve to sixteen, inclusive, as follows: