Harris v. Davis
Superior Court of New Hampshire
THIS was an action of debt brought in the name of the judge of probate for this county against the defendant, as administrator of Jonas Davis, deceased, upon probate bond, given by one Rebecca Batchelder as principal, upon her ap* pointment as administratrix of the estate of one Joseph Batchelder, and in which the said Jonas Davis, deceased, was a surety.
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THIS was an action of debt brought in the name of the judge of probate for this county against the defendant, as administrator of Jonas Davis, deceased, upon probate bond, given by one Rebecca Batchelder as principal, upon her ap* pointment as administratrix of the estate of one Joseph Batchelder, and in which the said Jonas Davis, deceased, was a surety. The defendant craved oyer of the bond and condition, and then pleaded in bar that the action was broushl for the benefit, and at the instance of Benjamin Champney nod John P. Hills, to recover from the estate of the said Jonas Davis,…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
Probate bonds are given to the judge of probate in trust for the benefit of all those who are interested in the estates to which they relate. When the condition is in any respect broken, the judge is entitled to maintain an action, and to recover judgment for the whole penal sum named in such bonds. But the court awards execution only for such sum as, upon a hearing in chancery, is found equitably due at the time of rendering judgment ; and for such sums as, upon scire facias brought for the purpose, may af-terwards be found equitably…
2Cited by1 opinion
- Evans v. GaleSuperior Court of New Hampshire · 1846