322 Mass. 645 | Mass. | 1948
This petition in equity filed in the Probate Court for the county of Barnstable comes before us on the appeal of the petitioner from the interlocutory decrees entered by the judge sustaining the demurrers of the respondents to the petition and from the final decree dismissing the petition without prejudice.
The allegations of the petition may be summed up as follows: The petitioner, who is the wife of the respondent Archie R. Ryder, hereinafter referred to as the respondent, was appointed his guardian by decree of the Probate Court for the county of Barnstable on September 25,1936, and duly qualified as such. The guardianship was terminated by decree of that court on or about December 26, 1945. The petitioner’s account covering the period from September 25, 1936, to November 1, 1945, showed a total of $1,555 in schedule A
The grounds of demurrer are in substance that the petition did not state a case for relief in equity and that, since the petitioner is the wife of the respondent and her alleged claim is based solely upon an alleged implied promise or contract on his part, the Probate Court is without jurisdiction to entertain the petition.
In support of the decrees entered by the judge the respondents rely on Weidman v. Weidman, 274 Mass. 118,
In the present case the decree sought to be enforced was entered in the Probate Court having exclusive jurisdiction of the subject matter of the administration by the petitioner of
• So called “creditors bills” provided for by G. L. (Ter. Ed.) c. 214, § 3 (7), are the creatures of statute. They are not cognizable under the general principles of equity jurisprudence; and hence, the jurisdiction to entertain such bills having been limited originally to the Supreme Judicial Court and the Superior Court, it was settled prior to the. enactment of St. 1927, c. 94, § 1 (now G. L. [Ter. Ed.] -c. 215, § 6A), that there was no jurisdiction in the Probate Court to entertain such bills. Moseley v. Moseley, 240 Mass. 1. See Stockbridge v. Mixer, 215 Mass. 415, 417, and cases cited.■' But by G. L. (Ter. Ed.) c. 215, § 6A, it is provided as follows: “In any proceeding before a probate court, an attachment
There is nothing in Geen v. Old Colony Trust Co. 294 Mass. 601, in conflict with the result just reached by us. In that case, in reliance upon c. 215, § 6A, the petitioner sought to establish the indebtedness of a beneficiary under a trust created by will, in course of administration in the Probate Court, and to reach and apply in satisfaction thereof his interest in the trust fund. There it was held that the Legislature did not intend to bring within the jurisdiction of Probate Courts proceedings not previously within their juris
The interlocutory decrees entered by the judge sustaining the demurrers are reversed and instead decrees are to be entered overruling the demurrers,. and the final decree dismissing the petition is reversed.
So ordered.
Amount of personal property according to inventory — Amounts received from income, gain on sale of personal property over appraised value, and from other property.
See, however, G. L. (Ter. Ed.) c. 215, § 6, as amended by St. 1933, o. 237, § 1.