McKim v. Morse
Massachusetts Supreme Judicial Court
Contract, for the benefit of Maurice Dugan, upon a bond, made on August 22, 1870, to the Judge of Probate for the county of Suffolk, by Christopher A. Connor as principal, and the defendants as sureties, and conditioned that Connor, who, as guardian of Dugan, a minor, had been licensed by the Probate Court to sell certain real estate of his ward for maintenance, “ shall sell the same in the manner prescribed for sales of real estate by executors and administrators, and…
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Contract, for the benefit of Maurice Dugan, upon a bond, made on August 22, 1870, to the Judge of Probate for the county of Suffolk, by Christopher A. Connor as principal, and the defendants as sureties, and conditioned that Connor, who, as guardian of Dugan, a minor, had been licensed by the Probate Court to sell certain real estate of his ward for maintenance, “ shall sell the same in the manner prescribed for sales of real estate by executors and administrators, and account for and dispose of the proceeds in the manner provided by law.” Trial in this court, before Ames,' J., who reported…
1Opinion of the CourtGray, C. J.
A special bond given by a guardian, upon obtaining a license to sell his ward’s real estate for maintenance, under the Gen. Sts. c. 102, §§ 26 & seq., requires him to invest any residue of the proceeds of the sale not needed for maintenance, and is in this respect like a bond given upon being licensed to make sale for investment under the same statutes; and, in the case at bar, no investment of proceeds having been made, the sureties on the special bond are liable. Mattoon v. Cowing, 13 Gray, 387. Fay v. Taylor, 11 Met. 529. Bennett v. Overing, 16 Gray, 267.
Judgment on the verdict.
2Cited by2 opinions
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