Lothrop v. Parke
Massachusetts Supreme Judicial Court
Two ACTION'S, the first on a probate bond given by the defendant Elizabeth G. Parke, as executrix and residuary legatee of the will of her late husband, George W. Parke, the other defendants being the sureties thereon, and the action being brought for the benefit of the plaintiff in the second action, and the second action being a writ of scire facias, brought to enforce against the defendant personally on a suggestion of waste a judgment obtained against her as executrix.
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Two ACTION'S, the first on a probate bond given by the defendant Elizabeth G. Parke, as executrix and residuary legatee of the will of her late husband, George W. Parke, the other defendants being the sureties thereon, and the action being brought for the benefit of the plaintiff in the second action, and the second action being a writ of scire facias, brought to enforce against the defendant personally on a suggestion of waste a judgment obtained against her as executrix. Writs dated respectively October 31, 1907, and October 1, 1908. In the Superior Court the cases were tried together…
1Opinion of the CourtKnowlton, C. J.
The first of these cases is an action upon a probate bond to pay all debts and legacies of a testator, given by the principal defendant as residuary legatee with sureties, under the provisions of the R. L. e. 149, § 2. The action is brought for the benefit of the plaintiff in the second action, who recovered judgment against the executrix, upon a claim founded on the fraud of the testator, whereby, while standing in a fiduciary relation to the plaintiff, he induced the plaintiff to lend money on what it supposed to be good security, when in fact the security was of little value. An execution…
2Cases cited15 opinions
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
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- State v. Georgia Co.Supreme Court of North Carolina · 1893
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- Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874
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