Prescott v. Parker
Massachusetts Supreme Judicial Court
This was an action of debt on a bond given by the defendants to the plaintiff, as judge of probate for this county, conditioned for the faithful execution, by the said Jonathan, of the .trust of executor of the last will and testament of David Parker, deceased.
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This was an action of debt on a bond given by the defendants to the plaintiff, as judge of probate for this county, conditioned for the faithful execution, by the said Jonathan, of the .trust of executor of the last will and testament of David Parker, deceased. The defendants pleaded in bar, that the action was brought and prosecuted for the sole use and benefit of one Ebenezer Parker; and that the said Ebenezer is not entitled to get any part of the estate of the said testator, nor had he any interest, claim, or demand, in or upon the said estate, or upon the said Jonathan, as executor as…
1Per curiam
The question which this case presents is, whether an action can be maintained upon a bond given by an executor and his sureties to the judge of probate, for the faithful execution of the trust of executor, for the use and benefit of a legatee having a pecuniary legacy given him by the will of the testator, payable at a day certain, without proof of a previous demand. And we are all of opinion that such demand must be shown. From analogy to other cases where a demand is required, although it is not in this case expressly made necessary by the statute, yet we think the intention of the…
2Cited by4 opinions
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