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eBook details

• Title: Comstock v. Bowles Et Al.
• Author : Supreme Court of Minnesota
• Release Date : January 12, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

RUGG, Chief Justice. These are appeals by A. Barr Comstock, administrator de bonis non with the will annexed of the remaining estate of Elizabeth H. Bowles, from numerous decrees entered in a probate court on August 3, 1934. Many matters were heard together. Appeals from all these decrees were consolidated and presented on a single record. Lumiansky v. Tessier, 213 Mass. 182, 188, 189, 99 N.E. 1051, Ann.Cas.1913E, 1049. Several of these appeals have been waived. Only those now pressed need be stated or considered. These fall into three groups, as described in the brief filed in behalf of Mr. Comstock: 1. Decrees removing Mr. Comstock as administrator. These decrees were entered on two separate petitions, one by Sherman H. Bowles and one by Donald M. Macaulay, trustee. 2. Decrees disallowing certain items in Mr. Comstocks second, third, fourth and fifth accounts relating (a) to the expense of an appeal taken by him which was before this court in Bowles v. Comstock, Administrator, 286 Mass. 159, 189 N.E. 785, and (b) to the restoration in Schedule C of the item of 5 shares of the stock of The Republican Company which the accountant had sold. 3. Decree dismissing Mr. Comstocks petition in equity for the return of $1100 paid by him to the residuary trustee under a misapprehension, the money being now required for the further administration of the estate. The disallowance of certain expenses in connection with hearings on matters involved in the present appeals, appearing principally in the fourth account, and one similar item in the fifth account is also argued by Mr. Comstock to be erroneous.

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