M'Gooch v. M'Gooch

Massachusetts Supreme Judicial Court

M'Gooch v. M'Gooch

4 Mass. 348

CourtMassachusetts Supreme Judicial Court

DecidedMay 15, 1808

StatusPublished

Cited by7 cases

This text of 4 Mass. 348 (M'Gooch v. M'Gooch) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M'Gooch v. M'Gooch, 4 Mass. 348 (Mass. 1808).

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Opinion

By the Court.

The widow, if a suitable person to administer, is exclusively entitled to administration ; unless among the next of kin there is some fit person, whom the judge of * probate may prefer, or who, he may think, ought to be [ * 349 J joined with the widow in a joint administration.

In the present case, an infant child is the only next of kin ; and he is incapable of the trust from his age. The decree of the court below must be reversed, and administration be granted to the appellant solely. For this purpose, the cause must be remitted to the judge.

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By the Court.

The widow, if a suitable person to administer, is exclusively entitled to administration ; unless among the next of kin there is some fit person, whom the judge of * probate may prefer, or who, he may think, ought to be [ * 349 J joined with the widow in a joint administration.

In the present case, an infant child is the only next of kin ; and he is incapable of the trust from his age. The decree of the court below must be reversed, and administration be granted to the appellant solely. For this purpose, the cause must be remitted to the judge.

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Bluebook (online)

4 Mass. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mgooch-v-mgooch-mass-1808.

Opinion

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