Probate Court of Newport v. Hazard
Supreme Court of Rhode Island
Debt. Heard by tbe court, jury trial being waived. This was an action against the sureties in the following bond given to the Probate Court of the city of Newport: “ Know all men by these presents, That we, Benjamin Marsh, 2d, of the city and County of Newport and State of Rhode Island, &c., as principal, George Babcock Hazard and John C. Stoddard, of said city, county, and State, as sureties, are holden and stand firmly bound and obliged unto the Court of Probate, in the…
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Debt. Heard by tbe court, jury trial being waived. This was an action against the sureties in the following bond given to the Probate Court of the city of Newport: “ Know all men by these presents, That we, Benjamin Marsh, 2d, of the city and County of Newport and State of Rhode Island, &c., as principal, George Babcock Hazard and John C. Stoddard, of said city, county, and State, as sureties, are holden and stand firmly bound and obliged unto the Court of Probate, in the city of Newport, in the County of Newport and State of Rhode Island, in the full sum of eight thousand dollars, to be paid…
1Opinion of the CourtDtjreee, C. J.
This is debt against the sureties on a bond given by Benjamin Marsh, as administrator with the will annexed on the estate of Laura Stewart, deceased. The breach alleged, to wit: neglect to account after being cited, is admitted, and therefore judgment must be entered for the penalty, to be subsequently chancerized. In connection with the chaneerization, or preliminary to it, certain legal questions have been presented for decision.
The will and codicil were admitted to probate January 18,1875. The will devises a house and lot in Newport to Sarah Jones, a sister of the testatrix. The codicil…
2Cases cited8 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Anderson v. McGowanSupreme Court of Alabama · 1868
- Dilworth v. RiceSupreme Court of Missouri · 1871
- Reno v. TysonIndiana Supreme Court · 1865
- Gulley v. Prather's administratorCourt of Appeals of Kentucky · 1870
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