Massachusetts Supreme Judicial Court September 15, 1849 (Smith v. President of the Northampton Bank)

Shaw, C. J.*

This is an action of assumpsit brought by Austin Smith, as special administrator of the goods and estate of Oliver Smith, deceased. The suit was commenced in May, 1847, after the will of Oliver Smith, by which the plaintiff" was appointed executor, had been offered for probate, and previous to August, 1847, when it was finally proved and allowed.