Eubank Heights Apartments, Limited v. Lebow
United States Court of Appeals for the First Circuit
615 F.2d 571 (1980)
- Written by Mary Phelan D'Isa, JD
Facts
Saul L. Lebow executed a limited-partnership agreement in Massachusetts with Eubank Heights Apartments, Limited (EHAL) (plaintiff), a Texas partnership. The limited partnership was created under Texas law and included six promissory notes that were to be paid by Lebow to EHAL. Lebow died in Massachusetts, and his wife (defendant) was appointed executrix. EHAL exercised its right to make the notes payable in Texas and notified the executrix. Thereafter, EHAL filed suit on the notes in a state court in Texas and named the Estate of Saul L. Lebow as defendant and made service on the secretary of state. Notice was sent to and received by the executrix, who failed to appear, and the Texas court entered a default judgment and named the estate as the judgment debtor. EHAL then sued the executrix in a Massachusetts state court. The executrix moved for summary judgment because there was no entity recognized in Massachusetts as the Estate of Saul L. Lebow nor were there any assets to be designated as a Texas estate of the deceased. The court granted the motion, and EHAL appealed.
Rule of Law
Issue
Holding and Reasoning (Aldrich, J.)
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