McCoole v. Mackintosh

This is an action against the defendant, as principal on a trustee’s probate bond, brought under the provisions of G. L. c. 205, §§ 23, 29, by a beneficiary upon the authorization of the judge of probate for the county of Norfolk. The case comes before us on two bills of exceptions, one by the plaintiff, the other by the defendant.

The trial judge found that “The plaintiff is entitled to recover in this suit the damage sustained by Eben Z. Parker [the beneficiary] through the maladministration of the defendant, in not terminating the trust,” and found “That damage ... to be one twelfth of the…