Brooks v. Whitmore
Massachusetts Supreme Judicial Court
Contract, in two counts, against Charles S. Whitmore and George B. Brown. The first count was upon a probate bond, executed on May 25, 1875, by Whitmore as principal, and by George Phipps and Brown as sureties, in the sum of $40,000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Ellen K. Stone.
Read the full summary
Contract, in two counts, against Charles S. Whitmore and George B. Brown. The first count was upon a probate bond, executed on May 25, 1875, by Whitmore as principal, and by George Phipps and Brown as sureties, in the sum of $40,000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Ellen K. Stone. The second count was upon a similar bond, executed on February 6, 1877, by Whitmore as principal, and by Othello O. Johnson and Brown as sureties, in the same penal sum, and containing the same condition. The case was submitted to the judgment…
1Opinion of the CourtDevens, J.
The proceedings which resulted in giving the bond of February 6, 1877, which is claimed to have been approved as a substitute for the bond of May 25, 1875, were set in motion by one White, who erroneously supposed himself to have been a co-surety on the bond of 1875 with Phipps, then deceased. As the result of his petition, he was decreed discharged as surety thereon, and the bond of 1877 was approved for the same liability as the bond of 1875. White was in fact surety on an entirely different bond, signed by the same principal, as trustee for a different estate.
The judge of probate may order…
2Cited by6 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Thompson v. DekumOregon Supreme Court · 1898
- Brooke v. American Savings BankSupreme Court of Iowa · 1927
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- American Bonding Co. v. HallIndiana Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.