Jenkins v. Wood
Massachusetts Supreme Judicial Court
■ Contract upon a judgment recovered by the plaintiff against the defendant, as executor of the will of Abigail Barker, in an action on a debt due from her.
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■ Contract upon a judgment recovered by the plaintiff against the defendant, as executor of the will of Abigail Barker, in an action on a debt due from her. The case was submitted to the s 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 conditioned to pay all debts and legacies, and took the entire estate. The defendant…
1Opinion of the CourtW. Allen, J.
It having been decided that the special statute of limitations is a bar to the action on the judgment against the executor, (Jenkins v. Wood, 134 Mass. 115,) the plaintiff now attempts to hold the defendant personally as the judgment debtor. It is argued that the bond given by the defendant to pay debts and legacies implies a promise to pay debts and legacies, and renders the defendant liable for them as debtor. But this is inconsistent with the liability of the defendant as executor. That he is so liable, and that the bond is collateral to that liability to secure its enforcement, is too…
2Cases cited2 opinions
- National Bank of Troy v. StantonMassachusetts Supreme Judicial Court · 1875
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Thompson v. PopeNebraska Supreme Court · 1906
- Lothrop v. ParkeMassachusetts Supreme Judicial Court · 1909
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1887
- Tallon v. TallonMassachusetts Supreme Judicial Court · 1892
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