Jenkins v. Wood
Massachusetts Supreme Judicial Court
Scire facias against the executor of the will of Abigail Barker, deceased, to enforce the personal liability of the defendant, upon a suggestion- of waste of said estate, under the provisions of the Pub.
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Scire facias against the executor of the will of Abigail Barker, deceased, to enforce the personal liability of the defendant, upon a suggestion- of waste of said estate, under the provisions of the Pub. Sts. c. 166, § 10. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows: Abigail Barker died in August, 1877, leaving a will, in which the defendant was named as executor and residuary legatee. The will was duly proved, the defendant was appointed executor, and gave a bond in the penal sum of…
1Opinion of the CourtC. Allen, J.
The Pub. Sts. e. 166, § 10, provide that, in a proceeding like the present, “ if the defendant does not appear and show sufficient cause to the contrary, he shall be deemed guilty of waste, and shall be personally liable for the amount thereof, when it can be ascertained, otherwise for the amount due on the original judgment.” It is contended by the defendant, that the giving of the bond with condition to pay debts and legacies is not to be deemed a conclusive admission of sufficient assets, which imposes upon him a personal obligation to pay all debts and legacies, however large, from his…
2Cases cited5 opinions
- National Bank of Troy v. StantonMassachusetts Supreme Judicial Court · 1875
- Collins v. CollinsMassachusetts Supreme Judicial Court · 1886
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1885
- Trustees of Amherst College v. SmithMassachusetts Supreme Judicial Court · 1883
- Brooks v. RiceMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Pym v. PymWisconsin Supreme Court · 1903
- Lothrop v. ParkeMassachusetts Supreme Judicial Court · 1909
- Bowler v. EmerySupreme Court of Rhode Island · 1908