Section 44. Upon complaint to a probate court by a person interested in the estate of a deceased person against a person suspected of having fraudulently received, concealed, embezzled or conveyed away any property, real or personal, of the deceased, the court may cite such suspected person, although he is executor or administrator, to appear and be examined on oath upon the matter of the complaint. If the person so cited refuses to appear and submit to examination, or to answer such interrogatories as may be lawfully propounded to him, the court may commit him to jail until he submits to the order of the court. The examination shall be had and recorded in such manner as the court shall direct, and the final record shall be signed by the party examined. A proceeding hereunder shall be entitled ''petition for discovery''.
Notes of Decisions
Cited in
4
cases, 1925–1993 · leading case:
Talbot v. Bush, 146 N.E. 223 (Mass. 1925).
Talbot v. Bush, 146 N.E. 223 (Mass. 1925).
· cites it 5× “Talbot as such special administrator, under G. L. c. 215, § 44, the complainant was ordered by the Probate Court to cite the respondent to appear on February 11, 1924, and be examined on oath upon the matter *28 of the complaint; she appeared as ordered and filed a motion to…”
Dodson v. Maroney, 447 N.E.2d 1256 (Mass. App. Ct. 1983).
· cites it 2× “201, § 48, a Probate Court may “cite and examine” a person suspected of having “fraudulently received, concealed, embezzled or conveyed away” the property of a ward “in the manner and subject to the penalties provided in section forty-four of chapter two hundred and fifteen.”
Kaplan v. Suher, 150 N.E. 9 (Mass. 1926).
“It is only persons suspected of having “fraudulently received, concealed, embezzled or conveyed away any” property of a decedent who are amenable to G. L. c. 215, § 44. The contract here in suit was not a fraud on the testatrix.”
Roy v. Rubin, 624 N.E.2d 593 (Mass. App. Ct. 1993).
· cites it 2× “215, § 45, in a proceeding brought by an executor for discovery of an asset of the estate pursuant to G. L. c. 215, § 44. 1 *634 We affirm the order.”
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