Alsop v. Mather
Supreme Court of Connecticut
IN ERROR. This was an action of debt on a bond, given to the plaintiff, as judge of probate for the district of Middletown, by the defendant Thomas Mather, as administrator de bonis non cum testamento annexo of Benjamin Williams; the defendant, Samuel Mather, being the surety. The defendant prayed oyer of the bond and condition and recited them, and then pleaded performance. The plaintiff replied, setting forth sundry matters as breaches.
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IN ERROR. This was an action of debt on a bond, given to the plaintiff, as judge of probate for the district of Middletown, by the defendant Thomas Mather, as administrator de bonis non cum testamento annexo of Benjamin Williams; the defendant, Samuel Mather, being the surety. The defendant prayed oyer of the bond and condition and recited them, and then pleaded performance. The plaintiff replied, setting forth sundry matters as breaches. The defendants demurred to the replication : and the plaintiff joined in the demurrer. The replication stated the following facts. In June, 1812, Benjamin…
1Opinion of the CourtPeters, J.
1. An administrator is an agent, who is created, and whose powers and duties are prescribed, by law. The extent of his liability is defined, by the condition of his bond. This, in relation to an administrator de bonis non, is prospective and restricted to estate not administered. No part of ‘the condition of his bond creates or recognizes any privty between him and his predecessors ; nor makes him responsible for any devastavit or default of another, either of omission or commission ; and by the common law, there is no privity between an administrator de bonis non and a preceding executor or…
2Cases cited4 opinions
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Pendleton v. PhelpsU.S. Circuit Court for the District of Connecticut · 1810
- Sturges v. BeachSupreme Court of Connecticut · 1816
- Allen v. IrwinSupreme Court of Pennsylvania · 1815
3Cited by18 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Chamberlin Appeal from ProbateSupreme Court of Connecticut · 1898
- Hewitt v. SanbornSupreme Court of Connecticut · 1925
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