Full text
Pascal Grow v. Francis E. Dobbins & others
Gray, C. J.
The plaintiff did not allege or prove that the estate of the intestate had been settled when his right of action accrued. If it had not, the plaintiff had a remedy under the Gen. Sts. c. 97, §§ 8, 9, by application to the Probate Court and action against the administratrix, and therefore, by the express terms of e. 101, § 31, cannot maintain this action against the heirs. Hall v. Bumstead, 20 Pick. 2.
Exceptions overruled.