Hall v. Cushing
Massachusetts Supreme Judicial Court
This was an action of debt on a probate bond, given by Thomas Cushing as principal, and Mackay as surety, to the judge of probate of Suffolk; and was brought on behalf of Experience S. H. Freeman,1 daughter and legatee of Watson Freeman.
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This was an action of debt on a probate bond, given by Thomas Cushing as principal, and Mackay as surety, to the judge of probate of Suffolk; and was brought on behalf of Experience S. H. Freeman,1 daughter and legatee of Watson Freeman. On oyer it appeared to be an executor’s bond ip common form, conditioned that Cushing, the executor of the will of Watson Freeman, should make and return under oath an inventory of the goods, chattels, rights and credits of the deceased which had or should come into his hands, and the same goods, chattels, rights and credits should “ well and truly administer…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The defendants contend that the breach assigned in the replication is not sufficient in law to maintain the action.
The will directs the executors to dispose of and invest the personal estate in public funds, in the most secure and advantageous manner, and to appropriate and apply the income thereof to the maintenance and education of the testator’s children, during their minority, and afterwards to distribute the property among them in equal shares.
If this were an action on a bond at common law, the breach undoubtedly would be considered well…
2Cases cited3 opinions
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
- Prescott v. PittsMassachusetts Supreme Judicial Court · 1812
- Parsons v. MillsMassachusetts Supreme Judicial Court · 1805