Robinson v. Millard
Massachusetts Supreme Judicial Court
Contract, for the benefit of the residuary legatées under the will of Joshua L. Millard, upon a bond given to the Probate Court by the executors of the will, and containing the usual conditions.
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Contract, for the benefit of the residuary legatées under the will of Joshua L. Millard, upon a bond given to the Probate Court by the executors of the will, and containing the usual conditions. Trial in this court, before W. Allen, J., who reported the case for the determination of the full court, in substance as follows: The final account of the executors was allowed March 22, 1880, and there remains in their hands, as appears from said account, the sum of $7381.10 to be divided among the residuary legatees, which they neglect to pay over. The records of the Probate Court, if competent for…
1Opinion of the CourtDeyens, J.
The question is here presented as to which class of sureties are responsible for the misconduct of the executors of *238the will of Joshua L. Millard, who, having been authorized to sell more of the real estate of the testator than was necessary for the payment of debts, now neglect, after payment of debts, specific legacies and charges of administration, to pay over to the residuary legatees entitled thereto the balance of the proceeds of said sale.
When the bond in suit was made, the executors were required to administer, according to law and the will of the testator, all his goods, chattels,…
2Cases cited1 opinion
- Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
3Cited by5 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Will of StarkWisconsin Supreme Court · 1912
- People ex rel. Brooks v. PetrieIllinois Supreme Court · 1901
- People v. HuffmanIllinois Supreme Court · 1899
- Huffman v. PeopleAppellate Court of Illinois · 1898