Choate v. Arrington
Massachusetts Supreme Judicial Court
Contract on a bond given by Samuel W. Arrington as principal, and John McCormick as surety, conditioned that said Arrington, who had been appointed executor of the will of James Arrington, should administer the estate of the testator according to law, and render an account. The breach alleged was that the executor had not administered the estate according to law, and had also failed to account.
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Contract on a bond given by Samuel W. Arrington as principal, and John McCormick as surety, conditioned that said Arrington, who had been appointed executor of the will of James Arrington, should administer the estate of the testator according to law, and render an account. The breach alleged was that the executor had not administered the estate according to law, and had also failed to account. The defendants were defaulted, and the case was sent to an assessor, who made a report in substance as follows: James Arrington died July 19, 1866, leaving a will and codicil, which were admitted to…
1Opinion of the CourtWells, J.
The case shows a breach of the conditions of the bond in not rendering an account when required by the Probate Court. The defendants were defaulted and judgment for the amount of the penalty of the bond should have been entered before reference to the assessor. It may be entered nunc fro tune.
For this breach of the bond, execution is to be awarded for the full value of all the estate of the deceased that has come to the hands of the executor, and for which he shall not satisfactorily account, as well as for all damages occasioned by his neglect or maladministration. Gen. Sts. c. 101, § 28,…
2Cases cited4 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Dawes v. EdesMassachusetts Supreme Judicial Court · 1816
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
- Chapin v. WatersMassachusetts Supreme Judicial Court · 1872
3Cited by53 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Ellyson v. LordSupreme Court of Iowa · 1904
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