Brooks v. Whitmore
Massachusetts Supreme Judicial Court
Contract, against Charles S. Whitmore, George B. Brown, and John Johnson, executor of the will of Othello O. Johnson, on a probate bond, dated May 22, 1877, and executed by Whit-more as principal, and by Brown and Othello O. Johnson as sureties, in the sum of $40,000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Dexter Stone.
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Contract, against Charles S. Whitmore, George B. Brown, and John Johnson, executor of the will of Othello O. Johnson, on a probate bond, dated May 22, 1877, and executed by Whit-more as principal, and by Brown and Othello O. Johnson as sureties, in the sum of $40,000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Dexter Stone. The case was submitted to the judgment of this court on agreed facts, in substance as follows; Charles S. Whitmore was, on October 27,1874, duly appointed trustee under the will of Dexter Stone, late of…
1Opinion of the CourtDevens, J.
In our view the bond in suit was a new bond, under the Gen. Sts. c. 101, § 16, which provides that “ any surety *358in a bond given to the judge of a probate court may, upon his petition to the Supreme Judicial Court or the Probate Court, be discharged from all further responsibility, if the court, after due notice to all persons interested, deems it reasonable and proper; and the principal shall thereupon give a new bond, with such surety or sureties as the court shall order.”
Joseph A. White had petitioned to be discharged, and due notice of such petition had been given; but, at the moment when…
2Cases cited1 opinion
- McKim v. DemmonMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899