[Download] "Hutchins v. Hutchins" by Androscoggin Supreme Court of Maine # eBook PDF Kindle ePub Free
eBook details
- Title: Hutchins v. Hutchins
- Author : Androscoggin Supreme Court of Maine
- Release Date : January 05, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The court is presented with the rather novel situation of two actions, one at law and the other in equity, seeking the same end and brought by the same persons in different capacities, with judgment ordered for the plaintiff in each case. The two actions were heard together, a Justice of the Superior Court acting as referee in the suit at law and as sitting Justice in the equity suit. By agreement, the evidence presented applied to both cases. In the suit at law, the decision was that the plaintiff, in his personal capacity, was entitled to $4,564.38. In the equity suit, it was decreed that the defendant, in her said capacity, holds in trust for the benefit and use of the plaintiff a fund of $4,564.38 which she was ordered to pay over to the plaintiff and also to make accounting and pay to the plaintiff any increase of the fund that had accumulated while in her hands. The finding of the Referee was sustained in the Superior Court and exceptions were filed by the defendant. From the decree in equity, appeal was taken. The litigation arises from the following facts. Albert A. Hutchins died intestate. He left a widow, Nellie M. Hutchins, and a son Guy H. Hutchins as his only heir. The son was appointed administrator of his father's estate. He filed an inventory showing both real estate and personal property. Nellie M. Hutchins filed a petition in the Probate Court for widow's allowance. No objection was made thereto and decree was entered granting an allowance of all the personal estate after the payment of debts, expenses of last sickness and expenses of administration. Subsequently a petition was filed by the widow asking that the decree be amended to the effect that the allowance should be one-half of the personal property after the payment of debts, expenses of last sickness and expenses of administration. This petition remained upon the files of the Probate Court without action thereon. The administrator, Guy H. Hutchins, filed his ""First and Final Account"" in which he accounted for the personal property scheduled in the inventory and increment while in his hands, and credited himself with sundry expenses and with the payment to himself and Nellie M. Hutchins of the balance in the proportion of two-thirds and one-third respectively. The account was allowed by the Judge of Probate. Voucher acknowledging receipt by Nellie M. Hutchins of one-third of the personal property of the estate was filed in support of the account. No order of distribution was made nor petition for the same filed.