Forbes v. Allen
Massachusetts Supreme Judicial Court
Contract, under the provisions of Pub. Sts. c. 143, § 13, against Susan P. Allen, executrix of the will of Herbert F. Allen, and George K. Nichols and H. Catherine Allen, sureties upon a probate bond given by said Herbert F. Allen, executor of the will of Luke F. Allen. The executor had deceased, and the action was defended by the sureties.
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Contract, under the provisions of Pub. Sts. c. 143, § 13, against Susan P. Allen, executrix of the will of Herbert F. Allen, and George K. Nichols and H. Catherine Allen, sureties upon a probate bond given by said Herbert F. Allen, executor of the will of Luke F. Allen. The executor had deceased, and the action was defended by the sureties. The case was reserved for the full court by Field, C. J., upon the pleadings and a report, which was to be treated as a master’s report, such judgment and award of execution to be entered as justice might require. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
Some objections to the admission of evidence are stated in the report, but have not been argued by the objecting party.
On March 20,1883, Herbert F. Allen, the principal obligor,, was appointed executor of the will of his deceased father, Luke F. Allen, who died on February 11, 1883, leaving a widow and two sons, Herbert F. Allen and William J. Allen. The will gave legacies to the widow and to Herbert F. Allen, and the residue of the estate to the two sons, in equal shares, providing that ten thousand dollars of the share of William J. Allen should be held in trust, and appointing Henry F.…
2Cases cited10 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- Ayer v. AyerMassachusetts Supreme Judicial Court · 1880
- Pollock v. LearnedMassachusetts Supreme Judicial Court · 1869
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3Cited by7 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Newcomb v. IngramWisconsin Supreme Court · 1932
- Forbes v. WareMassachusetts Supreme Judicial Court · 1899
2 more not listed; retrieve them via the Exa API.