McKim v. Haley
Massachusetts Supreme Judicial Court
Contract, upon a probate bond executed by the first named defendant as principal, and by the other defendants, Margaret Looney and Jeremiah Kelleher, as sureties. The answers alleged that the assets of the estate had been exhausted in the payment of charges of administration and preferred claims. The case was tried in the Superior Court, without a jury, before Wardwell, J., and, he having resigned, a bill of exceptions was allowed by Richardson, J., in substance as follows.
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Contract, upon a probate bond executed by the first named defendant as principal, and by the other defendants, Margaret Looney and Jeremiah Kelleher, as sureties. The answers alleged that the assets of the estate had been exhausted in the payment of charges of administration and preferred claims. The case was tried in the Superior Court, without a jury, before Wardwell, J., and, he having resigned, a bill of exceptions was allowed by Richardson, J., in substance as follows. The evidence tended to show that, on February 14, 1895, the defendant Haley was duly appointed administrator of the…
1Opinion of the CourtLathrop, J.
The general rule is that, to entitle an administrator to defend upon the ground of insufficiency of assets, there must be an inventory filed and a settlement of his account in the Probate Court. Pub. Sts. c. 136, § 5. Cushing v. Field, 9 Met. 180. Forbes v. McHugh, 152 Mass. 412.
The principal defence which the surety sets up in this case was pleaded and relied upon in the original action against the administrator, and the judgment there obtained is conclusive upon the surety. Heard v. Lodge, 20 Pick. 53, 58. White v. Weatherbee, 126 Mass. 450. McKim v. Glover, 167 Mass. 280, 283.
The defendant…
2Cases cited11 opinions
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
- Fall v. McMurdyCourt of Appeals of Kentucky · 1860
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
- Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Moyer v. BrayMassachusetts Supreme Judicial Court · 1917
- O. Sheldon Co. v. CookeMassachusetts Supreme Judicial Court · 1901
- Grant v. CrowleyMassachusetts Supreme Judicial Court · 1914
- Lothrop v. ParkeMassachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.