McKim v. Bartlett
Massachusetts Supreme Judicial Court
Contract upon a bond signed by the defendant Bartlett as principal, and the other defendants as sureties, and conditioned for the faithful performance by Bartlett of his duties as administrator of the estate of Hillman B. Barnes.
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Contract upon a bond signed by the defendant Bartlett as principal, and the other defendants as sureties, and conditioned for the faithful performance by Bartlett of his duties as administrator of the estate of Hillman B. Barnes. The case was submitted to the judgment of this court upon an agreed statement of facts, in substance as follows : On September 14,1874, administration of the estate of Barnes was granted to the defendant Bartlett, who accepted the trust and gave the bond in suit. On December 22, 1874, Bartlett made and returned into court an inventory of the estate; the real estate…
1Opinion of the CourtMorton, J.
Upon the facts agreed in this case, there was a breach of the condition of the bond in suit, for which the plaintiff is entitled to recover at least nominal damages. In the case of an insolvent estate, the statute provides that, “ if an executor or administrator neglects to render and settle his accounts in the Probate Court within six months after the return made by the commissioners or the final liquidation of the demands of the creditors, or within such further time as the court shall allow, and *229thereby delays a decree of distribution, such neglect shall be deemed unfaithful…
2Cases cited1 opinion
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Beard v. RothUnited States Circuit Court · 1888
- Ewing v. ParrishMissouri Court of Appeals · 1910
- McKim v. BlakeMassachusetts Supreme Judicial Court · 1882
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