Probate Court v. Vanduzer
Supreme Court of Vermont
Debt, upon a bond given to the probate court for the district of Georgia, by the defendant, Van Duzer, as principal, and the defendant, Goodrich, as surety, dated October 9, 1829, conditioned that the said Van Duzer, who was administrator of the estate of Charles Parsons, deceased, should faithfully administer said estate. The condition of the bond was in the form prescribed by law.
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Debt, upon a bond given to the probate court for the district of Georgia, by the defendant, Van Duzer, as principal, and the defendant, Goodrich, as surety, dated October 9, 1829, conditioned that the said Van Duzer, who was administrator of the estate of Charles Parsons, deceased, should faithfully administer said estate. The condition of the bond was in the form prescribed by law. The plaintiff averred that sufficient assets (real and personal estate) came into the hands of the said Van Duzer to pay all the debts against the estate of the intestate, and that among others, a debt was allowed…
1Opinion of the Court
The opinion of the court was delivered by
Redfeild, J.,
This is a suit upon an administrator’s bond. A commission of insolvency issued, and the claim oí the prosecutor, Eli N. Johnson, ..was allowed at $130,59. This suit is brought for the recovery of that sum.
The breaches assigned are, that Van Duzer, the administrator, did not render a true and just account of his administration, and that he has not faithfully administered, paid out, and distributed all the estate of the deceased; but, on the contrary, the debts due from the estate, and especially the prosecutor’s, remain unpaid. This is…
2Cases cited2 opinions
- Dox v. BackenstoseNew York Supreme Court · 1834
- Warren v. PowersSupreme Court of Connecticut · 1824
3Cited by17 opinions
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Smith v. White EstateSupreme Court of Vermont · 1937
- Probate Court v. ChapinSupreme Court of Vermont · 1858
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