Pond v. Pond

Terry, C. J., and Field, J., concurring.

This appeal is from an order of the Probate Court discharging an administrator, and allowing his account.

The proceedings out of which this appeal grows, seem to be singularly irregular. It will be necessary to give a brief history of them, in order to an understanding of our decision.

In 1856, respondent was appointed administrator of one Hiram Pond, deceased, who died intestate in the year 1854. On the 23d of September, 1856, the administrator filed’ in the Probate Court his account for final settlement, and Edward Pond, the father and heir of the…