State Codes and Statutes

Statutes > Massachusetts > PARTII > TITLEII > CHAPTER193 > Section7A

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44.]

Section 7A. The probate court may, upon application contained in a petition for administration of an estate with the will annexed filed in accordance with the provisions of section seven or made subsequent to the filing thereof, appoint the petitioner or petitioners, if suitable and if such person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, temporary administrator or administrators with the will annexed, if the testator has requested such appointment or if said application is assented to in writing by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity. Such appointment may be made without the necessity of any notice if said application is assented to by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity; otherwise seven days prior written notice of intent to seek such appointment shall be given to all the heirs at law and next of kin of the decedent. A certificate of counsel that such notice has been given shall be prima facie evidence thereof.

State Codes and Statutes

Statutes > Massachusetts > PARTII > TITLEII > CHAPTER193 > Section7A

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44.]

Section 7A. The probate court may, upon application contained in a petition for administration of an estate with the will annexed filed in accordance with the provisions of section seven or made subsequent to the filing thereof, appoint the petitioner or petitioners, if suitable and if such person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, temporary administrator or administrators with the will annexed, if the testator has requested such appointment or if said application is assented to in writing by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity. Such appointment may be made without the necessity of any notice if said application is assented to by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity; otherwise seven days prior written notice of intent to seek such appointment shall be given to all the heirs at law and next of kin of the decedent. A certificate of counsel that such notice has been given shall be prima facie evidence thereof.


State Codes and Statutes

State Codes and Statutes

Statutes > Massachusetts > PARTII > TITLEII > CHAPTER193 > Section7A

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44.]

Section 7A. The probate court may, upon application contained in a petition for administration of an estate with the will annexed filed in accordance with the provisions of section seven or made subsequent to the filing thereof, appoint the petitioner or petitioners, if suitable and if such person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, temporary administrator or administrators with the will annexed, if the testator has requested such appointment or if said application is assented to in writing by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity. Such appointment may be made without the necessity of any notice if said application is assented to by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity; otherwise seven days prior written notice of intent to seek such appointment shall be given to all the heirs at law and next of kin of the decedent. A certificate of counsel that such notice has been given shall be prima facie evidence thereof.