Wade v. Graham
Ohio Supreme Court
This was an action of debt on an administrator’s bond. The facts are thus stated: This suit was brought on the bond of the administrator of Daniel Symmes, executed at the' time of the appointment of the administrator, to recover the amount of a judgment in favor of Samuel McHenry, a creditor of the estate.
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This was an action of debt on an administrator’s bond. The facts are thus stated: This suit was brought on the bond of the administrator of Daniel Symmes, executed at the' time of the appointment of the administrator, to recover the amount of a judgment in favor of Samuel McHenry, a creditor of the estate. On the trial before the jury, the plaintiff offered in evidence the proceeds of the real estate of the intestate, sold by the administrator by order of the court, *to which' evidence the defendants objected. The objection was overruled by the court and the evidence admitted, and a verdict…
1Opinion of the Court
By the Court:
The condition of an administrator’s bond is, that he shall faithfully perform all the duties required of him. Section 18 of the act (prescribing the duties of administrators), directs, most explicitly, the distribution of the “ assets,” arising from the sale of real estate by an administrator. .It requires the funeral expenses, and those of the last sickness, with the cost of the administration, tobe paid; secondly, judgments rendered' in the lifetime of the intestate, and lastly, distribution of the residue amongst the creditors. Nothing can be clearer than that the condition of…
2Cases cited1 opinion
- Freeman v. AndersonMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- Fitzgerald v. BellMontgomery County Probate Court · 1941