Wight v. Shaw
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court of the county of Norfolk dismissing a petition for leave to sue the administrator of the estate of Nathan Crane, late of Canton, upon his official bond; also an Appeal from a decree of the same court reforming and then allowing the first and second accounts of that administrator.
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Appeal from a decree of the Probate Court of the county of Norfolk dismissing a petition for leave to sue the administrator of the estate of Nathan Crane, late of Canton, upon his official bond; also an Appeal from a decree of the same court reforming and then allowing the first and second accounts of that administrator. The objections to the decree, filed with the first appeal, were as follows: “ 1. Said administrator has not rendered a true account of his administration though cited by the court. “ 2. Said administrator has not faithfully administered said estate according to law. . “ 3.…
1Opinion of the CourtSheldon, J.
1. The first of these cases comes before us upon an appeal from a decree of the Probate Court dismissing the appellant’s petition for leave to sue the respondent upon his offi*544cial bond as administrator of the estate of Nathan Crane. At the hearing before a single justice of this court, he found no evidence of any breach of the bond which had brought any damage to the estate, and did not find that there had been even a technical breach. He ruled that the bond ought not to be put in suit merely on the ground that the administrator should account for interest because there had been delay,…
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