Fay v. Taylor
Massachusetts Supreme Judicial Court
Action of contract upon a probate bond, in the penal sum of $10,000, executed on the 19th of September 1848, by Jefferson Taylor, administrator with the will annexed of Jonas Taylor, as principal, and the other defendants as his sureties, and conditioned, as required by Rev. Sts. c. 63, §§ 2, 8, among other things, to “ administer according to law, and to the will of the said testator, all his goods, chattels, rights and credits, and the proceeds of all the real estate that…
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Action of contract upon a probate bond, in the penal sum of $10,000, executed on the 19th of September 1848, by Jefferson Taylor, administrator with the will annexed of Jonas Taylor, as principal, and the other defendants as his sureties, and conditioned, as required by Rev. Sts. c. 63, §§ 2, 8, among other things, to “ administer according to law, and to the will of the said testator, all his goods, chattels, rights and credits, and the proceeds of all the real estate that may be sold for the payment of his debts or legacies, which shall at any time come to the possession of the said…
1Opinion of the CourtShaw, C. J.
By the general rule of law, if a legatee dies in the lifetime of the testator, the legacy lapses : but in this com' *158monwealth, this rule is reversed by statute, when the legatee dies leaving issue who survive him; such issue take the legacy. Rev. Sts. c. 62, § 24. These minors are therefore entitled to this legacy, in the same manner as if given directly to them- ' .elves.
This legacy having been assented to by the administrator, tnd he having, by his first account, not only admitted its validity, but admitted that he had funds in his hands, and claimed an allowance for money reserved for its…
2Cited by1 opinion
- Stewart v. RogersSupreme Court of Kansas · 1905