298 Mass. 29 | Mass. | 1937
The controversy between the appellant, a creditor of the insolvent estate of Alice D. Hall, and Harry C. Dunbar, the executor of her will, has been here twice before. Patrick v. Dunbar, 294 Mass. 101. Patrick v. Dunbar, 296 Mass. 40. The present appeal is from a decree allowing the first and second accounts of the executor. We have no doubt that a creditor may appeal in a case like this, where the estate is insolvent.
In his second account, the executor charges himself with $300 received from the sale at auction of a parcel of land under a license from the Probate Court. The bids were made, as the auctioneer orally directed, large enough to include the mortgage of $1,300. The highest bidder, who became the purchaser, bid $1,600, saying “This bid includes
The executor concedes that by a clerical error the amount of the inventory with which his first account began was less by $100 than the actual amount of the inventory. To cure this error, the balance shown in the second account is to be increased by $100. As thus modified the decree is
Affirmed.