McKim v. Williams
Massachusetts Supreme Judicial Court
Contract, on the Gen. Sts. o. 101, § 32, 'against the sole legatee under the will of P. F. Lyndon, a surety on the bond of James D. Judge, as guardian of Joseph O’Rourke, an insane person, for whose benefit the action is brought, for breach of one of the conditions of said bond. Writ dated June 11, 1881. The case was submitted to this court on agreed facts, which appear in the opinion.
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Contract, on the Gen. Sts. o. 101, § 32, 'against the sole legatee under the will of P. F. Lyndon, a surety on the bond of James D. Judge, as guardian of Joseph O’Rourke, an insane person, for whose benefit the action is brought, for breach of one of the conditions of said bond. Writ dated June 11, 1881. The case was submitted to this court on agreed facts, which appear in the opinion. If the action could be maintained, judgment was to be entered for the plaintiff in the sum of §2661.59, and interest from March 8,1880; otherwise, judgment for the defendant.
1Opinion of the CourtMorton, C. J.
In December 1872, James D. Judge was duly appointed guardian of one O’Rourke, an insane person, and *137gave a bond signed by P. F. Lyndon as one of the sureties. Judge failed to return an inventory within three months, and also failed to render an account within one year of his appointment, as required by the bond. In May 1880, Judge was removed from his office and trust as guardian, and John M. Donovan was appointed his successor. Judge neglected and refused to pay to Donovan, upon demand, the estate and effects remaining in his hands as guardian; and for this breach of the bond this action is…
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