Section 4. A public administrator shall, except as hereinafter provided, take out letters of administration and faithfully administer upon the estates of persons who die intestate within his county or elsewhere, leaving property in his county to be administered, if there is no known husband, widow or heir of such deceased living in the commonwealth at the time of filing the petition. Notwithstanding the foregoing, a public administrator shall apply for letters of administration for an intestate estate or petition for administration with the will annexed of a testate estate when so designated by the division of medical assistance pursuant to subsection (e) of section thirty-two of chapter one hundred eighteen E. The state treasurer shall be made a party to a petition for administration by a public administrator, and shall be given due notice of all subsequent proceedings. He shall, except as otherwise provided in this chapter, administer estates and render accounts in the same manner as other administrators.
Notes of Decisions
Cited in
5
cases, 1929–2001 · leading case:
Marco v. Green, 615 N.E.2d 928 (Mass. 1993).
Marco v. Green, 615 N.E.2d 928 (Mass. 1993).
· cites it 2× “193, §§- 10, 11 (providing for appointment of “special administrator” to collect and preserve personal properly of deceased); G. L. c. 194, § 4 (providing for the appointment of a public administrator); G.”
Waverley Trust Co., 167 N.E. 274 (Mass. 1929).
· cites it 3× “Upon these facts a decree was entered dismissing the petition upon the ground that it was not brought by, or at the request of, an heir of the deceased as provided by G. L. c. 194, §§ 4, 5, and that the court was without jurisdiction to appoint the petitioner under the statutes.”
Cross v. Hewitt, 754 N.E.2d 1075 (Mass. App. Ct. 2001).
“See G. L. c. 194, § 4 (“A public administrator shall, except as hereinafter provided, take out letters of administration and faithfully administer upon the estates of persons who die intestate .”
McLaughlin v. Feerick, 176 N.E. 779 (Mass. 1931).
“As there was an heir of the intestate living in this Commonwealth within the meaning of these words as used in the statute, the judge in the exercise of a sound judicial discretion could appoint a suitable person as administrator.”
Hilton v. Hopkins, 175 N.E. 162 (Mass. 1931).
“On June 28, 1928, Hilton, a public administrator pursuant to G. L. c. 194, § 4, petitioned for appointment as administrator of her estate, alleging that Mary Bahan had died intestate leaving property in Middlesex County to be administered and that there was no known husband or…”
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