Forbes v. McHugh
Massachusetts Supreme Judicial Court
Contract, brought by a judge of probate on behalf of a legatee, against an executor and his sureties upon a probate bond in the form prescribed by the Pub. Sts. c. 129, § 5. Writ dated June 28,1889. Trial in this court, without a jury, before W. Allen, J., who allowed a bill of exceptions, in substance as follows.
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Contract, brought by a judge of probate on behalf of a legatee, against an executor and his sureties upon a probate bond in the form prescribed by the Pub. Sts. c. 129, § 5. Writ dated June 28,1889. Trial in this court, without a jury, before W. Allen, J., who allowed a bill of exceptions, in substance as follows. It was in evidence that the bond was duly executed and filed on June 7, 1887; that the inventory and account were filed on April 9, 1890; and that the account had not been allowed by the probate judge, the citation thereon being returnable at a later date than the trial. The…
1Opinion of the CourtDevens, J.
1. Even if it would have been an excuse for failing to return an inventory within three months, for the principal defendant to show that within that time he had not received any personal property of the testator, which we do not now deem it necessary to consider, it would not relieve him from his duty to return an inventory within a reasonable time when he did receive assets, and the failure so to do after he did receive them was a breach of the condition of his bond. It is not the less so because only one inventory is to be returned, and property thereafter received may be included in the…
2Cited by5 opinions
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