Thayer v. Winchester
Massachusetts Supreme Judicial Court
Contract for the benefit of Elizabeth L. Corey, against a surety on a bond given by Jonas Corey, the executor and residuary legatee of Polly Corey. Trial in this court, without a jury, before C. Allen, J., who allowed a bill of exceptions, in substance as follows: Polly Corey died on April 24, 1865, leaving a will, which was duly proved and allowed, and also leaving as her heirs two sons, Jonas Corey and Charles A. Corey. Jonas Corey was nominated executor of the will.
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Contract for the benefit of Elizabeth L. Corey, against a surety on a bond given by Jonas Corey, the executor and residuary legatee of Polly Corey. Trial in this court, without a jury, before C. Allen, J., who allowed a bill of exceptions, in substance as follows: Polly Corey died on April 24, 1865, leaving a will, which was duly proved and allowed, and also leaving as her heirs two sons, Jonas Corey and Charles A. Corey. Jonas Corey was nominated executor of the will. He was duly appointed executor by the Probate Court on May 22, 1865, and gave the bond in suit, which was conditioned to pay…
1Opinion of the CourtDevens, J.
That an action might be maintained on this bond for the benefit of Mrs. Corey, if she had been deprived, by the conduct of the executor in neglecting to pay the debts of the testatrix, of her dower estate in the land devised, and that she is a person entitled to the benefit of it, cannot be fairly controverted. The bond which the executor gave was one to pay debts and legacies. Its effect was to vest the real estate at once in the devisees, subject only to such right as exists in creditors to take it for the payment of their debts. Gen. Sts. c. 93, § 3. In the land devised to her husband, she…
2Cases cited8 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
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3Cited by10 opinions
- Thompson v. PopeNebraska Supreme Court · 1906
- Forbes v. KeyesMassachusetts Supreme Judicial Court · 1906
- Lothrop v. ParkeMassachusetts Supreme Judicial Court · 1909
- King ex rel. Wilson v. United StatesUnited States Court of Claims · 1892
- Turner v. CampbellMissouri Court of Appeals · 1907
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