Freeman v. Anderson
Massachusetts Supreme Judicial Court
Debt on a bond, dated October 3, 1804, made by the defendants to the plaintiff, as judge of probate for the county of Cumberland, conditioned for the said Mary Anderson’s faithful administration of the estate of Edward Anderson, deceased, intestate.
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Debt on a bond, dated October 3, 1804, made by the defendants to the plaintiff, as judge of probate for the county of Cumberland, conditioned for the said Mary Anderson’s faithful administration of the estate of Edward Anderson, deceased, intestate. The defendants pray oyer of the bond and condition, and plead in bar of the action, that the said Mary, from the time of making the bond, has well and faithfully observed, performed, and kept all and every part of the things in the condition of the said writing obligatory on her part to be observed, &c. The plaintiff replies that, at the S. J.…
1Opinion of the Court
The Court
now observed that, the plaintiff having admitted, by his demurrer, that the personal, effects of the intestate have been fully administered, the only question remaining in the action is, whether the defendants have subjected themselves to a forfeiture of their bond, by the neglect of the administratrix to make application for a license to sell the real estate of her intestate for the payment of his debts.
We should have preferred to have met this question on a hearing in equity. We recollect a case that was before us [*193] * on such a hearing, after the forfeiture of the penalty had been…
2Cited by3 opinions
- Wade v. GrahamOhio Supreme Court · 1829
- Butler v. RickerSupreme Judicial Court of Maine · 1830
- Gilbert v. DuncanSupreme Judicial Court of Maine · 1876