McIntire v. Parker
Massachusetts Supreme Judicial Court
Contract under R. L. c. 149, § 20, on a bond, without sureties, given by the defendant as the executrix of the will of her late husband, Isaac W. Parker of Natick, for the benefit of one Charles P. Hanscomb of Natick who had recovered a judgment against the defendant as such executrix in the sum of $230.78, which it was alleged that the defendant had refused and neglected to satisfy.
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Contract under R. L. c. 149, § 20, on a bond, without sureties, given by the defendant as the executrix of the will of her late husband, Isaac W. Parker of Natick, for the benefit of one Charles P. Hanscomb of Natick who had recovered a judgment against the defendant as such executrix in the sum of $230.78, which it was alleged that the defendant had refused and neglected to satisfy. The answer of the defendant, besides a general denial, alleged that Isaac W. Parker died leaving no estate of any kind upon which to administer; that no estate of the decedent ever had come into her hands or…
1Opinion of the CourtBraley, J.
The defendant, having failed to file an inventory, or render an account, permitted the creditor to obtain a judgment, which after demand remained unsatisfied. Under R. L. c. 149, § 20, her probate bond, given without sureties, has been put in suit for his benefit, and in defence it is said that the deceased left no estate, and neither at the time of appointment, nor since, have any assets come into the defendant’s possession. By the conditions of the bond she undertook to pay, if demanded, and the estate was solvent, all debts, judgment for which had been rendered against her as executrix. '…
2Cases cited5 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- McKim v. HaleyMassachusetts Supreme Judicial Court · 1899
- McKim v. RoosaMassachusetts Supreme Judicial Court · 1903
- Keith v. MolineuxMassachusetts Supreme Judicial Court · 1894
- McKim v. GloverMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Gladstone v. Murray Co.Massachusetts Supreme Judicial Court · 1943
- Grant v. CrowleyMassachusetts Supreme Judicial Court · 1914
- Standard Rubber Co. v. CarberryMassachusetts Supreme Judicial Court · 1937
- Dlugin v. ClaymanMassachusetts District Court, Appellate Division · 1938