Robbins v. Hayward
Massachusetts Supreme Judicial Court
Debt by the plaintiff, in his capacity of judge of probate for this county, against the defendant, upon a bond given by him and another now deceased, conditioned for * the faithful [ * 525 ] administration of the estate of--, deceased. intestate.
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Debt by the plaintiff, in his capacity of judge of probate for this county, against the defendant, upon a bond given by him and another now deceased, conditioned for * the faithful [ * 525 ] administration of the estate of--, deceased. intestate. The defendant pleads, in abatement, that the action is not bought at the promotion of any creditor of the deceased, but for the use of certain of his heirs, and there is no decree ascertaining the quantum; and that the action' is brought in the name of the judge of probate, without any authority or permission from him. Replication—admitting that the…
1Opinion of the CourtParker, C. J.
After tracing the pleadings in this case down to the surrejoinder, upon which an issue in law is formed by demurrer and joinder, it will be seen that the question presented is a general one, viz., whether an action can be maintained upon a probate bond given by an administrator, for the use of one who is not a creditor having his debt ascertained by judgment or decree of distribution, or an heir claiming his distributive share, the quantum having been ascertained by a decree of the judge, without an assignment of the bond by the judge of probate, or, what is equivalent, a permission or…
2Cases cited3 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
- Dawes v. GoochMassachusetts Supreme Judicial Court · 1812
3Cited by14 opinions
- Pinney v. BarnesSupreme Court of Connecticut · 1845
- Bennett v. WoodmanMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. WenrickSupreme Court of Pennsylvania · 1839
- Potter v. TitcombSupreme Judicial Court of Maine · 1831
- Pierce v. IrishSupreme Judicial Court of Maine · 1850
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