202 Mass. 541 | Mass. | 1909
1. The first of these cases comes before us upon an appeal from a decree of the Probate Court dismissing the appellant’s petition for leave to sue the respondent upon his offi
2. The second case is an appeal from the allowance by the Probate Court of the administrator’s accounts as reformed by that court. Neither one of the four specific objections made by the appellant to these accounts has been maintained by the evidence. The final payment to Mrs. Barnes was made in good faith after her claims had been established by litigation which the administrator exercised due care in defending. The amount due on the Davis mortgage, it was found, was properly allowed as a loss. The mortgage note which had been due from the administrator to the intestate was shown to have been paid to the intestate in his lifetime, and accordingly the administrator should not be charged with the amount thereof.
In each case the order must be
Decree affirmed.