Taylor v. Mygatt
Supreme Court of Connecticut
This was an action of debt on a probate bond executed by the defendant as surety, with one John C. Smith, for the faithful discharge by the said Smith of the duties of administrator of the estate of Perry Smith. The plaintiff was the judge of probate of the district of New Milford, and successor of the judge to whom the bond was originally made.
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This was an action of debt on a probate bond executed by the defendant as surety, with one John C. Smith, for the faithful discharge by the said Smith of the duties of administrator of the estate of Perry Smith. The plaintiff was the judge of probate of the district of New Milford, and successor of the judge to whom the bond was originally made. The suit was brought for the benefit of Frederick Chittenden, Esq., who claimed that the estate was indebted to him for probate fees, accruing in his favor when he was formerly judge of said probate court, and for fees as an attorney in suits which…
1Opinion of the CourtEllsworth, J.
This is an action against the surety of a probate bond, to recover the sum of $4.77 probate fees due to Frederick Chittenden, Esq., a former judge of probate of this district, and $312.23 due him in his individual capacity *190for professional services rendered to John C. Smith as the administrator of his father, Perry Smith, Esq. The question is, is the surety on a bond given for the settlement of Mr. Smith’s estate liable for the debts created by the administrator, whether for probate fees or other services, in the business of settling .the estate. We think he is not.
In our view, the bond was…
2Cited by11 opinions
- Brown v. EgglestonSupreme Court of Connecticut · 1885
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Claim of Clark v. SayreSupreme Court of Iowa · 1904
- Merchants' National Bank v. WeeksSupreme Court of Vermont · 1880
- Hallock v. SmithSupreme Court of Connecticut · 1882
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