Legal Opinion

McIntire v. Mower

Massachusetts Supreme Judicial Court

Decided January 7, 1910PublishedCited by 23 opinions

Contract on a bond given to the Judge of the Probate Court of the county of Middlesex by George H. Mower as executor of the will of John Ho worth, late of Malden, against Mower as principal and the United States Fidelity and Guaranty Company, a corporation organized under the laws of the State of Maryland, as surety, the action having been brought by direction of the judge of the Probate Court upon the application of George Fred Williams, Esquire, the administrator de bonis…

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Contract on a bond given to the Judge of the Probate Court of the county of Middlesex by George H. Mower as executor of the will of John Ho worth, late of Malden, against Mower as principal and the United States Fidelity and Guaranty Company, a corporation organized under the laws of the State of Maryland, as surety, the action having been brought by direction of the judge of the Probate Court upon the application of George Fred Williams, Esquire, the administrator de bonis non with the will annexed of the estate of John Ho worth. Writ dated October 6, 1908. In the Supeiior Court the case was…

1Opinion of the CourtSheldon, J.

1. We are of opinion that compensation for the services of Mower, the absconding executor, was rightly disallowed upon the facts found by the assessor. While he did not misappropriate the funds of the estate until some time after his appointment and apparently rendered at first some services to the estate, yet his misconduct in failing to deposit or care for the assets so that those interested could know what he did with them, his wilful failure to administer properly the personal estate that came to his possession and the proceeds of the real estate which he sold, his misappropriation of…

2Cases cited16 opinions

  1. Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
  2. White v. DitsonMassachusetts Supreme Judicial Court · 1885
  3. Brigham v. MorganMassachusetts Supreme Judicial Court · 1904
  4. Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
  5. Berry v. IngallsMassachusetts Supreme Judicial Court · 1908

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3Cited by23 opinions

  1. Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
  2. Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
  3. Comstock v. BowlesMassachusetts Supreme Judicial Court · 1936
  4. Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
  5. State Street Trust Co. v. WalkerMassachusetts Supreme Judicial Court · 1927

18 more not listed; retrieve them via the Exa API.

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