Judge of Probate v. Tillotson
Superior Court of New Hampshire
Debt upon a probate bond, given by Thomas S, Til-iotson, administrator of the goods and estate of John Mb Tiliotson. After judgment had been rendered, in favor of the plaintiff for the penalty of the bond, upon a hearing in chancery, under the statute of July 2, 1822, regulating suits on bonds given to the judge of probate, it appeared that Adino N. Brackett and Samuel A. Pearson, on the 15th January, 1829, made application to the judge of probate for an order to put the…
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Debt upon a probate bond, given by Thomas S, Til-iotson, administrator of the goods and estate of John Mb Tiliotson. After judgment had been rendered, in favor of the plaintiff for the penalty of the bond, upon a hearing in chancery, under the statute of July 2, 1822, regulating suits on bonds given to the judge of probate, it appeared that Adino N. Brackett and Samuel A. Pearson, on the 15th January, 1829, made application to the judge of probate for an order to put the bond in suit, in order that the said Brackett might recover the sum of $681 01, recovered against the estate of John M.…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
It is contended in this case, that the suit has been commenced without a proper application to the judge of probate for the purpose, and that the writ has not been so endorsed as to entitle the creditors, whose names are upon the writ, to have execution. But we are of opinion that these objections are not well founded.
When a suit is to be instituted upon a probate bond for the benefit of any person interested in the estate of the deceased, the statute requires that an application be made to the judge of probate for an order to commence a suit, and that the…
2Cases cited2 opinions
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Bean v. QuimbySuperior Court of New Hampshire · 1829
3Cited by1 opinion
- Court of Probate of Cranston v. William SpragueSupreme Court of Rhode Island · 1855