Bennett v. Woodman
Massachusetts Supreme Judicial Court
Contract, on the probate bond of the administratrix of Brownell W. Woodman. The breach alleged was failure to account. The answer admitted the execution of the bond and denied any breach, and set up that the action was begun and instituted at the suggestion and for the benefit of Cornelia M, Remington, an adopted daughter of the intestate and the first named defendant; that after the taking out of administration upon the estate of Brownell W. Woodman by Alioe S. Woodman, and…
Read the full summary
Contract, on the probate bond of the administratrix of Brownell W. Woodman. The breach alleged was failure to account. The answer admitted the execution of the bond and denied any breach, and set up that the action was begun and instituted at the suggestion and for the benefit of Cornelia M, Remington, an adopted daughter of the intestate and the first named defendant; that after the taking out of administration upon the estate of Brownell W. Woodman by Alioe S. Woodman, and the execution and approval of the bond declared on, the said Alice discovered a will of said Brownell W. Woodman, which…
1Opinion of the CourtWells, J.
The administratrix has no such interest in the matter of granting leave to bring an action upon her bond, as to give her a right to resist the application therefor, or to be heard upon it. Fay v. Rogers, 2 Gray, 175. Richardson v. Oakman, 15 Gray, 57. We think it must follow from the same considerations, that, when a suit has been brought upon the bond, the administratrix and her sureties are not entitled to contest the validity of the order of the Probate Court authorizing it. When the suit is brought for the especial use and benefit of any one, the interest or right of that person must be…
2Cases cited1 opinion
- Robbins v. HaywardMassachusetts Supreme Judicial Court · 1820
3Cited by9 opinions
- Anderson v. South Chicago Brewing Co.Illinois Supreme Court · 1898
- Choate v. JacobsMassachusetts Supreme Judicial Court · 1884
- Fuller v. CushmanMassachusetts Supreme Judicial Court · 1898
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1886
- Pinner v. TempleMassachusetts Supreme Judicial Court · 1935
4 more not listed; retrieve them via the Exa API.