Pinney v. Barnes
Supreme Court of Connecticut
IN ERROR, (a) This was a writ of scire-facias, brought by William Barnes, Esq., as judge of probate, against Ebenezer Pinney and his surety, on a judgment recovered by said judge against them, before the county court, in September, 1841, for the sum of 111 dollars, damages, and for 55 dollars, 61 cents, costs of suit, iii an action on a bond given by the defendants to the plaintiff, conditioned for the faithful performance, by Pinney, of his duties of executor of the last…
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IN ERROR, (a) This was a writ of scire-facias, brought by William Barnes, Esq., as judge of probate, against Ebenezer Pinney and his surety, on a judgment recovered by said judge against them, before the county court, in September, 1841, for the sum of 111 dollars, damages, and for 55 dollars, 61 cents, costs of suit, iii an action on a bond given by the defendants to the plaintiff, conditioned for the faithful performance, by Pinney, of his duties of executor of the last will and testament of Mary Allen, deceased. In the scire-facias it was alleged, that said Benjamin Pinney, as executor of…
1Opinion of the CourtChurch, J.
If money remained in the hands of Pinney after his removal from the office of executor, received by him in the course of his administration and belonging to the estate which he had represented, a neglect or refusal by him to pay it over to the person legally entitled to receive it, would subject him upon his probate bond. But the first question suggested by this record, is, to whom was such money payable, and who had a right to demand it of the defendant — the legatees under the will of the deceased, or the administrator with the will annexed i The United States v. Nichols, 12 Wheat. 505.…
2Cases cited4 opinions
- United States v. NichollSupreme Court of the United States · 1827
- Guernsey v. CarverNew York Supreme Court · 1832
- Miller v. CovertNew York Supreme Court · 1828
- Robbins v. HaywardMassachusetts Supreme Judicial Court · 1820
3Cited by17 opinions
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Burritt v. BelfySupreme Court of Connecticut · 1879
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Chamberlin Appeal from ProbateSupreme Court of Connecticut · 1898
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