Gilbert v. Duncan
Supreme Judicial Court of Maine
On exceptions. Debt on a bond conditioned for the faithful administration of the, estate of Jonathan H. Crooker, of whom the plaintiffs in interest are the legal heirs. To the plea of performance there was a reply assigning breaches and a traverse thereto by the defendants which the plaintiff joined. After the evidence for the plaintiff was out, the presiding justice ordered a nonsuit, and the plaintiff alleged exceptions.
1Opinion of the CourtBarrows, J.
This is an action upon a probate bond given by Duncan, and the other defendants as his sureties, to secure the faithful performance of his duties as administrator upon the estate of Jonathan H. Crooker.
It is commenced for the benefit of the estate under the express authority of the judge of probate. The bond is in the form required by the statute, (R. S., c. 6é, § 19,) and the defendants plead that Duncan has well and truly kept and performed all the covenants and conditions thereof; to which the plaintiff replies alleging waste and unfaithful administration in this, that he fraudulently and…
2Cases cited5 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Wildridge v. PattersonMassachusetts Supreme Judicial Court · 1818
- Henshaw v. BloodMassachusetts Supreme Judicial Court · 1804
- Freeman v. AndersonMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Rutenic v. HamakarOregon Supreme Court · 1902