Dawes v. Head
Massachusetts Supreme Judicial Court
This was an action of debt upon a probate bond given by Joseph Head as principal, and the other defendants as his sureties, upon letters of administran 3n with the will annexed being granted to him on the estate of Thomas Stewart; and the suit was prosecuted for the benefit of Robert Lenox, a citizen of New York, James Sheafe, a citizen of New Hampshire, and Thomas Bruce, a subject of Great Britain and living in London. their claim ; that on the 8th of January, 1822, the…
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This was an action of debt upon a probate bond given by Joseph Head as principal, and the other defendants as his sureties, upon letters of administran 3n with the will annexed being granted to him on the estate of Thomas Stewart; and the suit was prosecuted for the benefit of Robert Lenox, a citizen of New York, James Sheafe, a citizen of New Hampshire, and Thomas Bruce, a subject of Great Britain and living in London. their claim ; that on the 8th of January, 1822, the judge of probate decreed, that inasmuch as the goods and estate in the hands of the administrator, according to his account…
1Opinion of the Court
Parker C. J.
We are satisfied, that the facts appearing in these pleadings show no breach of the condition of the bond.
The administration was granted here upon a copy of a will previously proved in a foreign country, in which an executor was appointed, who became duly qualified to act as such in the country where the will was proved. The testator had his domicile there at the time of his death, and the effects collected here are wanted there to enable the executor to pay the creditors of the deceased, his estate being in fact insolvent. The administration here is therefore purely ancillary,…
2Cases cited8 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Shultz v. PulverNew York Court of Chancery · 1831
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