Conant v. Newton
Massachusetts Supreme Judicial Court
Contbact against the sureties on a bond executed on October 4, 1870, by them, and by Joel S. Sanderson as principal, to the Judge of the Probate Court for the county of Franklin, in the sum of $15,000, and containing the following condition: “ The condition of this obligation is such that if the above bounden Joel S. Sanderson, who has been duly appointed trustee of the estate of Mary Ward, of Montague, in said county of Franklin, shall: First, make a true inventory of all…
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Contbact against the sureties on a bond executed on October 4, 1870, by them, and by Joel S. Sanderson as principal, to the Judge of the Probate Court for the county of Franklin, in the sum of $15,000, and containing the following condition: “ The condition of this obligation is such that if the above bounden Joel S. Sanderson, who has been duly appointed trustee of the estate of Mary Ward, of Montague, in said county of Franklin, shall: First, make a true inventory of all the real estate, goods, chattels, rights and credits belonging to him as trustee, and which shall come to his possession…
1Opinion of the CourtMorton, J.
It is clear that the bond in suit is not valid as a probate bond. Sanderson, the principal obligor, was not a trustee under a will or any written instrument. He was the trustee or agent of Mary Ward under an oral appointment. The Probate Court had no jurisdiction over the parties or the subject-matter. It had no authority to appoint Sanderson as trustee; it *108had no power to require and take a bond, any more than it would have to require or take a bond for the performance or security of any oral agreement between parties. The plaintiff relies upon the St. of 1873, c. 253, as giving validity to…
2Cases cited2 opinions
- Hill v. DuncanMassachusetts Supreme Judicial Court · 1872
- Fickett v. DurhamMassachusetts Supreme Judicial Court · 1875
3Cited by16 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Bassett v. CraftsMassachusetts Supreme Judicial Court · 1880
- Pray v. WasdellMassachusetts Supreme Judicial Court · 1888
- Blaney v. RogersMassachusetts Supreme Judicial Court · 1899
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