Massachusetts General Laws

Mass. Gen. Laws ch. 206, § 4 (2026)

Securities and moneys; requirement of production

✓ current as of July 2026

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Section 4. In settling an account of any executor, administrator, trustee, guardian or other fiduciary, the probate court may require him, or any of them if there are more than one, to produce during the proceedings or afterward, as the court may direct, any securities or moneys comprised in the account or any documents relating to the investments of the estate, and to replace any moneys or property that have been improperly applied or disposed of, or the value thereof, and to pay or transfer the same or any moneys or property with which he or they may be charged into a proper account or otherwise, as the court may order, in such manner that the same shall be in the control of the persons entitled thereto; and the proceedings upon every such account shall be considered for all purposes to be proceedings in equity, and orders and decrees of the court therein shall be enforceable accordingly, and execution may issue for any such moneys against the fiduciary personally as upon a judgment at law in favor of the persons entitled to the control thereof, or any of them, for the benefit of all.

Notes of Decisions

Cited in 7 cases, 1922–1984 · leading case: Dowd v. Morin, 471 N.E.2d 120 (Mass. App. Ct. 1984).

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Dowd v. Morin, 471 N.E.2d 120 (Mass. App. Ct. 1984). “See G. L. c. 206, § 4; Cook v. Howe, 280 Mass.”

Anderson v. Bean, 72 A.L.R. 959 (Mass. 1930). “G. L. c. 206, § 4. Green v. Gaskill, 175 Mass.”

Naughton v. First Nat'l Bank of Boston, 356 N.E.2d 1224 (Mass. App. Ct. 1976). “We find it unnecessary to decide the extent to which, if any, the new rules are made applicable to proceedings for allowance of accounts by virtue of G. L. c. 206, § 4, and Mass.R.Civ.P. 1, 365 Mass.”

Storer v. Coggan, 157 N.E. 632 (Mass. 1927). · cites it 2× “The appellant does not deny the power of the Probate Court under G. L. c. 206, § 4, in settling the account of an executor, trustee, et cetera, to order the accountant to produce, pay, transfer or set over assets in his hands, but contends that the statute is inapplicable here…”

Lannin v. Buckley, 167 N.E. 258 (Mass. 1929). · cites it 2× “It has not been argued that an answer would be improper under G. L. c. 206, § 4, if seasonably filed in accordance with probate practice or by permission of the court.”

Buzzell v. Schulz, 173 N.E. 514 (Mass. 1930). “” The right of the Probate Court under G. L. c. 206, § 4, to order the administrator in settling an account to replace any moneys or property that have been improperly applied or disposed of is not inconsistent with its power under G.”

Burns v. Hovey, 136 N.E. 246 (Mass. 1922). “G. L. c. 206, § 4. Blake v. Pegram, 109 Mass.”

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