Olmstead v. Brush
Supreme Court of Connecticut
Action on a probate bond, brought in the name of the judge of probate, by Joel Wright and Sarah his wife, to recover the amount of a legacy given to the said Sarah by the will of Benjamin Brush, of which will the defendant” Joseph Brush was the executor.
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Action on a probate bond, brought in the name of the judge of probate, by Joel Wright and Sarah his wife, to recover the amount of a legacy given to the said Sarah by the will of Benjamin Brush, of which will the defendant” Joseph Brush was the executor. The material portion of the will, which was executed on the 27th day of April, 1839, was as follows: “ I give to my daughter Sarah the sum of one thousand dollars. ****** “ I give to my son Joseph the whole of my real estate, to come into his possession at the decease of my wife, and I hereby direct that the legacies herein-before named shall…
1Opinion of the CourtEllsworth, J.
In deciding this ease, we have no occasion to consider the question, which was so much discussed in the argument, as to the effect, upon the rights of third parties, of a settlement of an administration account, in an action brought on the probate bond. We prefer to place our *535decision on the ground, that, in such a case as the present, no action at all will lie on the bond; though we do not mean to say or intimate that there is not another and adequate remedy. Clyde v. Simpson, 4 Ohio S. R., 445.
Assuming that the plaintiffs in interest have a well founded claim under the will of Mr. Brush,…
2Cases cited3 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Gridley v. AndrewsSupreme Court of Connecticut · 1830
- Lord v. LordSupreme Court of Connecticut · 1852
3Cited by12 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Baurer v. DevenisSupreme Court of Connecticut · 1923
- Williams v. NicholSupreme Court of Arkansas · 1886
- Bird v. HawkinsNew Jersey Court of Chancery · 1899
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