Hussey v. Southard

38 A. 221, 90 Me. 296, 1897 Me. LEXIS 84

Opinion

Per Curiam.

Á judge of probate who is appointed by a testator executor of a will is not qualified or authorized, even before probate of such will, to appoint a special administrator on another estate to which the estate represented by him as executor is largely indebted; and such appointment of a special administrator is void, and the person assuming to act thereunder may be enjoined from so doing by this court sitting as the court of equity.

Bill sustained. Injunction ordered.