David Josiah Brewer

Name: Brown v. Estate of Fletcher — Opinion of the Court
Author: David Josiah Brewer

Brown v. Estate of Fletcher — Opinion of the Court

Summary

“Brown v. Estate of Fletcher — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as administrator, executor and Massachusetts.

Quotes from Brown v. Estate of Fletcher — Opinion of the Court (David Josiah Brewer)

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ But it must be borne in mind that this arbitration was made under a rule of court. Not only that, but special provision was made for the action of the court in deciding questions of law arising upon the report of the arbitrator, so that the arbitration was not an outside and independent proceeding, but simply one had in court, for the purpose of facilitating the disposition of the case. ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ The argument of plaintiff in error is that, by personal appearance during his lifetime, the Massachusetts court acquired jurisdiction of the suit in equity against Fletcher; this his death prior to a decree did not abate the suit, but only temporarily suspended it until his representative should be made a party; that, if a decree had been rendered against him in his lifetime, it would have established, both against himself, and, after his death, against his estate, whatever of liability was decreed; that, while the suit was pending, the parties entered into a stipulation for an arbitration ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ And we may remark in passing that we do not have before us the case of a simple arbitration contract, executed independently of judicial proceedings, and express no opinion as to the rights and remedies of one party thereto in case of the death of the other. The validity of the decree must depend upon the proceedings subsequent to the death of Fletcher. On his death the jurisdiction of the Massachusetts court was not wholly destroyed, but suspended until the proper representative of Fletcher was made a party. ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ The judgment rendered in the suit was not against him, or against the testator's goods in his hands; but was simply against the administrator and the testator's goods in his hands. The courts of Vermont had no jurisdiction of the executor or of the goods in his hands, any more than our courts would have over the administrator and the goods in his hands. It is this limitation of state jurisdiction that creates a necessity for an administration in every state where a deceased person leaves property ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ Considering first the latter proposition, we are of opinion that there is no such relation between the executor and an administrator with the will annexed, appointed in another state, as will make a decree against the latter binding upon the former, or the estate in his possession. While a judgment against a party may be conclusive, not merely against him, but also against those in privity with him, there is no privity between two administrators appointed in different states. ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ It is urged that, on the death, a revivor was ordered; that the representative of the decedent's estate in Massachusetts, to wit, the administrator, was made a party defendant and appeared to the suit, and notice was given by personal service upon the executors and legatees in Michigan of the fact of the revivor, and that they were called upon to appear and defend. ”

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Source: Wikisource

David Josiah Brewer, Brown v. Estate of Fletcher — Opinion of the Court

“ Laws 1902, reads:
'A personal action shall not be maintained against a person who is not an inhabitant of this commonwealth unless he has been served with process within this commonwealth, or unless an effectual attachment of his property within this commonwealth has been made upon the original writ ”

David Josiah Brewer

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Quotes from Brown v. Estate of Fletcher — Opinion of the Court (David Josiah Brewer)

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