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Downing v. Porter

Caleb Downing, versus William Porter

Downing v. Porter, 9 Mass. 386 (1812)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
October 15, 1812
Citations
9 Mass. 386
Headnotes
An appeal from a decree of the judge of probate, allowing the account of an executor, should be made by the executor or administrator of a residuary legatee, where such a one is named in the will, and not by one entitled to a distributive share of the estate of such residuary legatee.
Summary
This was an appeal from a decree of the judge of probate for this county, allowing the administration account of the respondent, as he was executor of the last will of Jonathan Porter, deceased. The appeal was claimed and made by Downing in right of his wife, whom he alleges to have been a daughter and heiress of Jabez Porter, deceased, intestate, who was a son and residuary legatee and devisee of the said Jonathan Porter.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court

dismissed the appeal on the ground that Downing was not so connected with the estate of the testator, as to be entitled to the appeal, which should have been made by the administrator of the estate of Jabez Porter, as the party interested, and entitled to receive the portion of the personal" estate of the testator which might be payable to Downing in right of his wife, and the others entitled to the personal estate of the said Jabez. (a)

[Penniman vs. French, 2 Mass. Rep. 140 . — Swan vs. Piquet, 3 Pick. 444 . —Ed.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1834–1835: 11850–1851: 11854–1855: 11862–1863: 11866–1867: 11876–1877: 11880–1881: 11886–1887: 118342026peak 1834 · 1

Relies on it most ⓘ

  1. Pierce v. Gould9 N.E. 568 (Mass. 1887)
  2. Cleveland v. Quilty128 Mass. 578 (1880)
  3. Tuxbury67 Me. 267 (1877)
  4. Arnold v. Estate of Brooks36 Vt. 204 (1863)
  5. Smith v. Bradstreet33 Mass. 264 (1834)
  6. Mathes v. Bennett21 N.H. 188 (1850)

Most recent

  1. Pierce v. Gould9 N.E. 568 (Mass. 1887)
  2. Cleveland v. Quilty128 Mass. 578 (1880)
  3. Tuxbury67 Me. 267 (1877)
  4. Reed v. Foster54 Me. 499 (1867)
  5. Arnold v. Estate of Brooks36 Vt. 204 (1863)
  6. Clark v. Courser29 N.H. 170 (1854)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Penniman v. French, 2 Mass. 140 (1806) 12

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