Berkey v. Judd
Supreme Court of Minnesota
This action was brought in the district court for Washington county upon the probate bond of the defendants Mary Ann Judd, executrix, and James R. M. Gaskill and Ariel Eldridge, executors, of the will of George B. Judd, who died in 1872. The complaint sets forth a copy of the bond and of the order of the probate court of Washington county, granting leave to prosecute-it, and, after averring the death of Judd, the probate of his will in the same court, and the appointment…
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This action was brought in the district court for Washington county upon the probate bond of the defendants Mary Ann Judd, executrix, and James R. M. Gaskill and Ariel Eldridge, executors, of the will of George B. Judd, who died in 1872. The complaint sets forth a copy of the bond and of the order of the probate court of Washington county, granting leave to prosecute-it, and, after averring the death of Judd, the probate of his will in the same court, and the appointment and- qualification of the executors, alleges the following state of facts: On December 15, I860, plaintiff brought suit…
1Opinion of the CourtVanderburgh, J.
The duty of the executors who are named as-defendants to pay the judgment in controversy was finally determined, in the case of Berkey v. Judd, 27 Minn. 475. This action against, them and their surety, Sabin, is brought by leave of the probate court-upon their bond, because of their alleged neglect and refusal to pay-such judgment-, and this appeal is from an order overruling their demurrer to the complaint.
1. The principal contention of the defendants is that the complaint: fails to show a breach of the condition of the bond, for the reason, that the probate court has not formally’ordered…
2Cases cited2 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Berkey v. JuddSupreme Court of Minnesota · 1881
3Cited by4 opinions
- Graham v. BurchSupreme Court of Minnesota · 1891
- Huntsman v. HooperSupreme Court of Minnesota · 1884
- In Re Estate of O'ConnorSupreme Court of Minnesota · 1934
- O'Connor v. St. Joseph's Provincial HouseSupreme Court of Minnesota · 1934