Probate Court of Central Falls v. Adams

This action is brought upon the bond referred tó in Adams v. Probate Court, 26 R. I. 239. To the declaration the defendants filed, besides the- plea of non est factum, six special pleas, to which the plaintiff has demurred.(1) The second plea claims the benefit of section 24 of chapter 218 of the General Laws, and avers that in this action there is no suggestion of waste.

The obvious answer to this plea is that this is not an action to recover a debt of the testator or a legacy under his will, but the penalty of a bond given as an independent obligation by the defendants. The statute cited…