Tuxbury
Supreme Judicial Court of Maine
On report. The case was made up at the May Term, S. J. 0., 1877,, and thus stated: “ Samuel Whitten, of Saco, in said county, died testate, seized of real and personal estate. Bradbury Seavey was appointed administrator, with will annexed, April 7, 1868, and gave bond in usual form, with Lucinda Whitten, Charles Hill and David Tux-bury as sureties. Penal sum, $30,000. Seavey settled his first account December 8, 1868, leaving apparently $10,625.19 in his hands.
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On report. The case was made up at the May Term, S. J. 0., 1877,, and thus stated: “ Samuel Whitten, of Saco, in said county, died testate, seized of real and personal estate. Bradbury Seavey was appointed administrator, with will annexed, April 7, 1868, and gave bond in usual form, with Lucinda Whitten, Charles Hill and David Tux-bury as sureties. Penal sum, $30,000. Seavey settled his first account December 8, 1868, leaving apparently $10,625.19 in his hands. “ He filed his second account in October, 1871, and notice thereon was duly issued and proved. By this account there would appear to…
1Opinion of the CourtBarrows, J.
The surety who has guarantied his principal’s fidelity and accuracy to the probate court and thereby procured the trust to be committed to him, must, out of proper regard for *270the rights of other persons interested, be content to let that principal represent him in that forum in the adjustment of the trust accounts while he is capable of doing it.
The principal, and he aloné, can properly be said to be both directly and injuriously affected by an erroneous decree requiring him to account for, more than he admits to be and more than there is in his hands. It is the amount of the principal’s…
2Cases cited1 opinion
- Downing v. PorterMassachusetts Supreme Judicial Court · 1812
3Cited by6 opinions
- Depositors Trust Company v. City of BelfastSupreme Judicial Court of Maine · 1972
- Robinson v. KaaeHawaii Supreme Court · 1915
- Anderson v. NealSupreme Judicial Court of Maine · 1981
- Anderson v. NealSupreme Judicial Court of Maine · 1981
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
1 more not listed; retrieve them via the Exa API.