Section 3 Foreign fiduciaries; license to receive and dispose of personalty - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 28. See 2008, 521, Sec. 44.]

Section 3. An executor, administrator, guardian, conservator or trustee duly appointed in another state or in a foreign country and duly qualified and acting, who may be entitled to any personal property, situated in the commonwealth, may file an authenticated copy of his appointment in the probate court for any county where there is real estate of his trust, or, if there is no such real estate, in any county where there is personal property of his trust, and may upon petition to said court, after such notice to creditors and all persons interested as the court may order, be licensed to receive or to sell by public or private sale, upon such terms and to such person or persons as he shall think fit, or otherwise to dispose of, and to transfer and convey, shares in a corporation or other personal property, if the court finds that there is no executor, administrator, guardian, conservator or trustee appointed in the commonwealth who is authorized so to receive and dispose of such shares or estate, and that such foreign executor, administrator, guardian, conservator or trustee will be liable, upon and after such receipt or sale, to account for such shares or estate, or for the proceeds thereof, in the state or country where appointed; and that no person resident in this commonwealth and interested as a creditor or otherwise objects to the granting of such license or appears prejudiced thereby; but no such petition shall be filed by a foreign executor or administrator until the expiration of three months after the death of his testator or intestate. The commissioner of revenue shall be made a party to any petition by a foreign executor, administrator or trustee under this section, and shall be given fourteen days’ notice of the same.