White v. Weatherbee
Massachusetts Supreme Judicial Court
Contract, brought for the benefit of John Nihen, administrator of the estate of William Nihen, against the executrix of the will of Comfort Weatherbee, upon a probate bond executed to the plaintiff by George M. Cook as principal, and William Jordan and Comfort Weatherbee as sureties, and conditioned for the faithful performance of the duties of Cook as administrator of the estate of Joanna Nihen.
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Contract, brought for the benefit of John Nihen, administrator of the estate of William Nihen, against the executrix of the will of Comfort Weatherbee, upon a probate bond executed to the plaintiff by George M. Cook as principal, and William Jordan and Comfort Weatherbee as sureties, and conditioned for the faithful performance of the duties of Cook as administrator of the estate of Joanna Nihen. Among the conditions was one providing that the principal obligor shall “pay any balance remaining in his hands, upon the settlement of his accounts, to such person as said court shall direct.” Writ…
1Opinion of the CourtMorton, J.
The question whether John Nihen was legally appointed administrator of William Nihen is not open to the defendant in this suit.
One of the conditions of the bond in suit is that the principar obligor shall “ pay any balance remaining in his hands, upon the settlement of his accounts, to such persons as said court shall direct.” It appeared at the trial that the Probate Court passed a decree of distribution of the estate of Joanna Nihen, which, upon appeal, was affirmed by this court, by which a balance of $886.67 was ordered to be paid forthwith to John Nihen as administrator of William Nihen.…
2Cases cited2 opinions
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Way v. LewisMassachusetts Supreme Judicial Court · 1874
3Cited by17 opinions
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- Coram v. DavisMassachusetts Supreme Judicial Court · 1911
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
- Browne v. DoolittleMassachusetts Supreme Judicial Court · 1890
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