Judge of Probate v. Lee
Supreme Court of New Hampshire
Debt, upon the bond given by William A. Lee, as administrator of the estate of Katherine Lee, deceased. The suit was brought at the request of Sarah S. Lee, in her individual capacity as the widow of John J. Lee, deceased, an heir of Katherine, and also in her capacity as guardian of his only child and heir.
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Debt, upon the bond given by William A. Lee, as administrator of the estate of Katherine Lee, deceased. The suit was brought at the request of Sarah S. Lee, in her individual capacity as the widow of John J. Lee, deceased, an heir of Katherine, and also in her capacity as guardian of his only child and heir. The breach of the bond specified is the fraud of William A., in procuring the allowance of false and fraudulent claims against the estate of Katherine by the commissioner appointed to allow claims against the same, and in selling, as administrator, real estate belonging to Katherine for a…
1Opinion of the CourtChase, J.
In this case, as in Judge of Probate v. Lane, 50 N. H. 556, the plaintiff specifies fraud in the sale of real estate under a license as the breach of the bond relied upon. Tn the Lane case a replication to an insufficient plea was treated as a specification of the plaintiff’s claim; and the defendants, by demurring to it, admitted its allegations. The alleged breach of the bontl being thus admitted, it necessarily followed that the plaintiff was entitled, to judgment; for “when it shall appear upon confession, verdict, demurrer, or in any other way, that the penalty of the bond is forfeited,…
2Cases cited1 opinion
- Gordon v. GordonSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Lisbon Savings Bank & Trust Co. v. Estate of MoultonSupreme Court of New Hampshire · 1941