Wood v. Hayward
Massachusetts Supreme Judicial Court
This was an action of debt brought originally in this Court, for the benefit of Isaac Churchill, who was under guardianship as a spendthrift. The declaration contained two counts. The first was on s bond dated June 20, 1825, given to the judge of probate by the defendant and two other persons as principals and another as surety, on taking out the letters of guardianship.
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This was an action of debt brought originally in this Court, for the benefit of Isaac Churchill, who was under guardianship as a spendthrift. The declaration contained two counts. The first was on s bond dated June 20, 1825, given to the judge of probate by the defendant and two other persons as principals and another as surety, on taking out the letters of guardianship. The second was on a bond, dated May 17, 1826, given to the judge of probate by the defendant and another as principals, and two others as sureties, in pursuance of a license obtained at this Court to sell the whole of…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. We do not perceive any reason to think that the bond described in the second count is not a probate bond. It was required by St. 1818, c. 112, § 2, to be given to the judge of probate. It is strictly speaking a probate bond as defined in Thomas *271v. White, 12 Mass. R. 369, and is not extra-official. The case of White v. Quarles, 14 Mass. R. 451, may seem at first view to militate with this ; but it will be found, that the point now under consideration was not decided. That action was originally commenced in the Court of Common Pleas, and if it were a…
2Cases cited1 opinion
- White v. QuarlesMassachusetts Supreme Judicial Court · 1817