Leland v. Kingsbury
Massachusetts Supreme Judicial Court
This was an action of debt on the bond of Kingsbury as administrator on the estate of John B. Lewis, deceased. The suit was brought for the benefit of the Commonwealth.
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This was an action of debt on the bond of Kingsbury as administrator on the estate of John B. Lewis, deceased. The suit was brought for the benefit of the Commonwealth. The condition of the bond is, in part, that “ all the rest, residue and remainder of the said goods and chattels, rights and credits, which shall be found remaining upon the said administration account, (the same being first examined and allowed by the judge for the time being, of probate of wills,” &c.) the administrator <£ shall deliver and pay unto such person or persons respectively as the said judge, by his decree or sen…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The only question in this case is, whether the replication is sufficient.
The first objection is, that it contains no sufficient allegation that the defendant’s accounts ever were “ examined and allowed ” by the judge of probate. It will be recollected that the *317decree here recited as the basis of the replication, is not a decree allowing the administration accounts, but a decree of distribution or for the payment of the final balance to the heir or legal distributee. And the argument, if sound, requires that the replication should set forth not only…
2Cases cited2 opinions
- Dawes v. SweetMassachusetts Supreme Judicial Court · 1817
- Dorr v. CommonWealthMassachusetts Supreme Judicial Court · 1805