Newcomb v. Goss
Massachusetts Supreme Judicial Court
Debt on a probate bond executed by the defendants, in March, 1837, upon the appointment of Goss, the principal obligor, as administrator of the estate of Amos Wilmarth.
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Debt on a probate bond executed by the defendants, in March, 1837, upon the appointment of Goss, the principal obligor, as administrator of the estate of Amos Wilmarth. At the court of common pleas held in the county of Franklin, on the second Monday of August, 1840, John Williams recovered judgment against said Goss, administrator as aforesaid, in a suit brought more than a year after the date of said bond, and, having sued out execution thereon, made an ineffectual demand on him to pay the same, or to show sufficient goods or estate of the intestate, to be taken in execution for that…
1Opinion of the CourtPutnam, J.
The general provisions of the law for the settlement of the estates of persons deceased, regulating the duties of executors and administrators, and the rights or claims of creditors, are very clear. Executors and administrators are to give notice of their appointment in the manner prescribed by the Rev. Sts. c. 66, § 1. They are not held liable to answer to the suit of any creditor, if commenced within one year after they give bond for the discharge of their trust, unless it be for recovery of a demand that would not be affected by the insolvency of the estate. And if, within the year, they…
2Cases cited1 opinion
- Platt v. RobinsNew York Supreme Court · 1800