Legal Opinion

Prindle v. Holcomb

Supreme Court of Connecticut

Decided May 15, 1877PublishedCited by 13 opinions

Debt, on a probate bond; brought to the Superior Court in Litchfield County. The bond, -which was in the penal sum of three thousand dollars, was given by the defendant Holcomb, as trustee under the will of Sally Deming; the other defendant, Abraham Herman, being surety.

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Debt, on a probate bond; brought to the Superior Court in Litchfield County. The bond, -which was in the penal sum of three thousand dollars, was given by the defendant Holcomb, as trustee under the will of Sally Deming; the other defendant, Abraham Herman, being surety. The condition of the bond was as follows: “ The condition of this obligation is such, that if the above bounden Harvey Holcomb, who is appointed and has accepted the trust of trustee under the last will and testament of Sally Deming, late of Canaan, deceased, shall well and truly execute said trust according to law, the…

1Opinion of the CourtCarpenter, J.

This is an action on a probate bond conditioned that the defendant Holcomb, as a testamentary trustee, should faithfully discharge the duties of the trust, alleging a breach, &c. The facts were found by a committee, and the *118question as to what judgment shall be rendered upon the facts was reserved for the advice of this court.

1. The defendants object that the plaintiff cannot recover for the reason that the action was brought without first obtaining the consent of the court of probate, given upon the written application of the party interested. This is required by statute, Revision of 1875,…

2Cases cited3 opinions

  1. Parsons v. LymanU.S. Circuit Court for the District of Connecticut · 1863
  2. Davenport v. RichardsSupreme Court of Connecticut · 1844
  3. Moore v. HolmesSupreme Court of Connecticut · 1865

3Cited by13 opinions

  1. Roach's EstateOregon Supreme Court · 1907
  2. Deladson v. CrawfordSupreme Court of Connecticut · 1919
  3. State Ex Rel. McClure v. NorthropSupreme Court of Connecticut · 1919
  4. Phillips v. MoellerSupreme Court of Connecticut · 1960
  5. First National Bank & Trust Co. v. McCoySupreme Court of Connecticut · 1938

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