National Bank of Troy v. Stanton
Massachusetts Supreme Judicial Court
Contract on a promissory note for $1324.15, made by the Hampden Manufacturing Company, and indorsed by Jabez Stanton, deceased, who, by his will, made his widow, Rachel W. Stanton, executrix and residuary legatee. In December, 1872, the Probate Court admitted the will to probate, and appointed Mrs. Stanton executrix, and approved a bond filed by her, with sureties, in the sum of $3000, to pay debts and legacies.
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Contract on a promissory note for $1324.15, made by the Hampden Manufacturing Company, and indorsed by Jabez Stanton, deceased, who, by his will, made his widow, Rachel W. Stanton, executrix and residuary legatee. In December, 1872, the Probate Court admitted the will to probate, and appointed Mrs. Stanton executrix, and approved a bond filed by her, with sureties, in the sum of $3000, to pay debts and legacies. The plaintiff made a demand on her for payment of the note, and, the same not being paid, on May 12, 1873, brought this action, returnable at June term of the Superior Court, against…
1Opinion of the CourtGray, C. J.
The executrix and residuary legatee, having given bond to pay debts and legacies, would doubtless be estopped to deny assets in any action to enforce the personal obligation thereby assumed by her; as, for instance, in an action upon a promissory note given by her for a debt of the testator, or an action to recover a legacy. Stebbins v. Smith, 4 Pick. 97. Jones v. Richardson, 5 Met. 247. Colwell v. Alger, 5 Gray, 67.
But the present action is not brought upon her bond, or in any form against her personally. It is an action upon a contract of the testator, and brought against her merely as his…
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