Lyon v. Osgood
Supreme Court of Vermont
Bill in Chancery. Heard on pleadings and master’s report, September Term, 1885, Yeazey, Chancellor. Bill, pro forma and without hearing, dismissed.
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Bill in Chancery. Heard on pleadings and master’s report, September Term, 1885, Yeazey, Chancellor. Bill, pro forma and without hearing, dismissed. The bill alleged the insolvency of the executor, when he was appointed; that he “represented to the orator that said estate was all in funds and readily convertible and mostly coming to him, said Osgood, and so situated as to be closed up within six months, and thus induced the orator to become surety upon his said executor’s bond in the sum of $10,000 ”; that one of the legatees had commenced a suit to recover her legacy; that the presentation by…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
The administration bond which was executed by Daniel B. Osgood as principal and Thomas J. Lyon, the orator, as surety, to the Probate Court upon Osgood’s appointment as executor of the will of Alexander Barton, was in the usual form and conditioned for the executor’s inventorying and accounting for all the assets of said Barton’s estate, and for the faithful performance of his trust as such executor. From the master’s report it appears that the estate was inventoried and appraised at $9,935.82, which sum was made up of personal property…
2Cases cited2 opinions
- Probate Court v. MerriamSupreme Court of Vermont · 1836
- Gottsberger v. SmithThe Superior Court of New York City · 1856
3Cited by16 opinions
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- Walker v. WalkerCalifornia Supreme Court · 1899
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Howell v. AndersonNebraska Supreme Court · 1902
- Judge of Probate v. SullowaySupreme Court of New Hampshire · 1896
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