Williams v. Cushing
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J. presiding. Debt on Probate bond given by the defendant’s testator. Prior to 1843, Abraham Arnold, an insane person, of full age, had been supported for several years at the expense of the town of Augusta. In 1843, his father, John Arnold, died, having appointed Loring Oushing to be the executor of his will.
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On Report from Nisi Prius, Wells, J. presiding. Debt on Probate bond given by the defendant’s testator. Prior to 1843, Abraham Arnold, an insane person, of full age, had been supported for several years at the expense of the town of Augusta. In 1843, his father, John Arnold, died, having appointed Loring Oushing to be the executor of his will. The testator after making certain legacies, gave the residue of his estate to Mr. Oushing, in trust, to be applied, at his discretion, for the support of said Abraham, and of a daughter named Abigail. The will appropriated $ 100, to be paid to Abigail…
1Opinion of the CourtAppleton, J.
Loring Cushing was appointed by the last will and testament of John Arnold his executor and trustee for certain purposes fully set forth therein. He took upon himself the trust of executor, gave the requisite ‘bonds, administered upon the estate and then deceased. . The defendant was appointed his executrix. As he never gave bonds as trustee, he is to be regarded as having declined to act in that capacity. Groton v. Ruggles, 17 Maine, 137. The trust being thus vacant, David Oakes was appointed trustee, and by virtue of his appointment commenced this suit to enforce the payment of the amount…
2Cited by6 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Gibney v. AllenMichigan Supreme Court · 1909
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Herron v. ComstockCourt of Appeals for the Sixth Circuit · 1905
- In re Estate of CrawfordLucas Circuit Court · 1901
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