Dawes v. Edes
Massachusetts Supreme Judicial Court
In debt upon an administration bond, the issue was, whether cer tain chattels, part of the intestate’s estate, which were not contained in the inventory returned by the administratrix, had come to her hands previous to the date of the bond ; and, the jury having returned a verdict for the plaintiff, Fuller, for the defendants, moved in arrest of judgment, on the ground, that the issue was immaterial; the sureties not having been privy to, or answerable for, the conduct of…
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In debt upon an administration bond, the issue was, whether cer tain chattels, part of the intestate’s estate, which were not contained in the inventory returned by the administratrix, had come to her hands previous to the date of the bond ; and, the jury having returned a verdict for the plaintiff, Fuller, for the defendants, moved in arrest of judgment, on the ground, that the issue was immaterial; the sureties not having been privy to, or answerable for, the conduct of the administratrix, prior to the execution of the bond by them. And he argued, that the words of the bond, as prescribed…
1Per curiam
The plain intention of the condition of the bond, as prescribed by the statute, is, to cover every thing belonging to the estate of the deceased, that snail have come to the hands of the administrator since the death of the deceased, as well before as after the execution of the bond.
Judgment according to the verdict.
2Cited by14 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Connell v. McLoughlinOregon Supreme Court · 1895
- Hatch v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1867
- Lawrey v. SterlingOregon Supreme Court · 1902
- Oregon Railway & Navigation Co. v. SwinburneOregon Supreme Court · 1892
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