Lawton v. National Surety Co.

These are two actions of contract wherein the plaintiff seeks to recover against the sureties on three probate bonds given by the executors of the will of Joseph Middleby, deceased, to the judge of probate for the county of Middlesex.

By permission of the judge of probate these actions are brought for the benefit of Robert M. Bowen, the administrator de bonis non of the estate in Massachusetts, appointed after the death of the executors. The will is dated May 18, 1911.

In these actions the breaches relied upon are the failure of Gherst and McCarthy to comply with the decrees of the Orphans’…