Thayer v. Kinsey
Massachusetts Supreme Judicial Court
Contract, on a bond in the usual form, given by the defendant as principal and two other persons as sureties, conditioned, among other things, that the defendant, who had been appointed executor of the will of Henry C. Ammidown, should administer the estate according to law, and render an account. The breaches alleged were that the defendant had not administered the estate according to law, and had failed to account.
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Contract, on a bond in the usual form, given by the defendant as principal and two other persons as sureties, conditioned, among other things, that the defendant, who had been appointed executor of the will of Henry C. Ammidown, should administer the estate according to law, and render an account. The breaches alleged were that the defendant had not administered the estate according to law, and had failed to account. The case was referred to an auditor, who found that in January, 1884, the defendant, out of the funds of the estate in his hands, bought sixty-three shares of the stock of Post…
1Opinion of the CourtAllen, J.
When Mrs. Ammidown,. as administratrix de bonis non, received the transfer of the sixty-three shares of Post and Company stock, she was the sole representative of the estate, and as such it was her province and duty to collect and receive the assets remaining unadministered from the original executor. Wiggin v. Swett, 6 Met. 194. Newcomb v. Williams, 9 Met. 525, 538, 539. Fay v. Muzzey, 13 Gray, 53. Browne v. Doolittle, 151 Mass. 595, 600. Foster v. Bailey, 157 Mass. 160. Being the representative of the estate, she might give a release, submit a claim to arbitration, or make a compromise. She…
2Cases cited3 opinions
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Browne v. DoolittleMassachusetts Supreme Judicial Court · 1890
- Blake v. WardMassachusetts Supreme Judicial Court · 1884
3Cited by8 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Brigham v. MorganMassachusetts Supreme Judicial Court · 1904
- Cook v. RichardsonMassachusetts Supreme Judicial Court · 1901
- Rhines v. WentworthMassachusetts Supreme Judicial Court · 1911
- Koutoudakis v. Great American Indemnity Co.Massachusetts Supreme Judicial Court · 1934
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