319 Mass. 105 | Mass. | 1946
The question here is whether the appellees Stanton and Mitchell are barred from participating in a distribution made in the estate of Francis C. Adams by • reason of releases given by them to the administrator of the estate. The judge of probate entered a decree that they were not barred, and the case comes here on the appeal of the executors of the late Thurber C. Adams, a creditor and one of the next of kin of Francis C. Adams. The judge made no finding of material facts, but there was a report
On November 21, 1938, on motions of the appellees their petitions to remove Tupper and to reopen the first account were dismissed. On the following day one Kennedy, repre- ' senting Tupper, turned over to Steadman, an attorney
In October, 1943, new and further assets in the amount of $3,407.30 came into the Adams estate as a result of 'distributions from estates of relatives of Adams. These * were sufficient to pay in full the claims of all creditors, including those of the appellees, leaving a small balance for the next of kin. The present appeal arises out of a petition for instructions brought in the Probate Court by Tupper to determine whether, in view of the releases mentioned above, the appellees were entitled to participate in the distribution of the additional assets.
The decree appealed from is erroneous.
Although it does not appear in the record that seals as such were attached to the releases, there is a recital in each that it was sealed. This gave the releases the legal ‘ effect of sealed instruments. G. L. (Ter. Ed.) c. 4, § 9A. Glendale Coal Co. v. Nesson, 312 Mass. 293, 294. We thus have general releases under seal which, if free from fraud, are sufficiently comprehensive to bar the claims of the appellees provided they had the legal effect of releasing the estate of Francis C.- Adams. No contention is made by the appellees that any fraud or misrepresentation was practised upon them with respect to the releases. Nor do the present proceedings seek to reform them on the ground of mutual mistake. See Barrell v. Britton, 252 Mass. 504; Crowley v. Holdsworth, 264 Mass. 303, 308. It may well be that, when the releases were delivered, no one had in mind the possibility that the estate would receive additional assets. But the subsequent acquisition of such assets by the estate did not change the legal effect of the
The crucial question, therefore, is whether the instruments under consideration released the estate of Francis C. Adams or merely discharged Tupper in his individual capacity. We are of the opinion that they released the estate. It is to be noted that'each release discharged “the said Alton F. Tupper both individually and as administrator of the estate of Francis C. Adams
. Considerable reliance is placed by the appellees on two cases (Manning v. Osgood, 151 Mass. 148, and Fessenden v. Gunsenhiser, 278 Mass. 213) construing writs in actions brought against administrators. These decisions were explained in Coldwell v. New England Trust Co. 282 Mass. 45, and are not at variance with the conclusion here reached. Indeed, the Coldwell case tends to support it. That case holds that where an action is begun by a writ of summons, without an order to attach goods and estate, and the declaration discloses that the cause of action was based on the liability of the decedent, a description of the defendant in the writ as “The New England Trust Company ... as it is Administrator of the estate of Robert Alonzo Miner” was sufficient to bring Miner’s estate, rather than the administrator in its individual capacity, into court. See also Yarrington v. Robinson, 141 Mass. 450.
It follows that the decree of the Probate Court must be reversed and a new decree is to be entered in which the appellees are not to be included in the distribution.
So ordered.
“Know All Men By These Presents That I, Anne M. Stanton, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, For And In Consideration of the sum of One Dollar and other valuable considerations to me paid by Alton F. Tupper of Arlington in the County of Middlesex, Massachusetts, the receipt whereof is hereby acknowledged, have remised, released, and forever discharged and do hereby, for myself, my Heirs, Executors, Administrators, and Assigns, remise, release, and forever discharge the said Alton F. Tupper both individually and as administrator of the estate of Francis C. Adams late of said Arlington, [emphasis added] his Heirs, Executors, and Administrators, of and from all debts, demands, actions, causes of action, suits, dues, sum and sums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, extents, executions, and liabilities whatsoever, both in Law and Equity, or which may result from the existing state of things, more especially from his acts and proceedings as administrator aforesaid, I, the said Stanton now have or ever had, from the beginning of the world to the day of the date of these presents. In Witness Whereof I, the said Anne M. Stanton have hereunto set my hand and seal this ninth day of November in the year of our Lord one thousand nine hundred and thirty-eight. Signed and Sealed in presence of Margaret Stanton Anne M. Stanton”
Emphasis supplied.