Probate Court v. Bates
Supreme Court of Vermont
Debt, on a bond given to the probate court, by the defendants, as surety for Elisha Lovett, administrator of the estate of-Elijah Lovett, deceased, dated February, 4, 1825. A judgment was rendered in the county court for the penalty of the bond at the December term, 1836, and at the December term of said court, 1837, the issues on the breaches assigned by the prosecutor were tried.
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Debt, on a bond given to the probate court, by the defendants, as surety for Elisha Lovett, administrator of the estate of-Elijah Lovett, deceased, dated February, 4, 1825. A judgment was rendered in the county court for the penalty of the bond at the December term, 1836, and at the December term of said court, 1837, the issues on the breaches assigned by the prosecutor were tried. It appeared on the trial, that the estate of Elijah Lovett was represented insolvent; that a claim against the estate, was allowed in favor of the prosecutor at $191,14 ; that the said Elisha had been cited to…
1Opinion of the Court
The opinion of the Court was delivered by
Collamer, J.
This was on a hearing in the assessment of damages, on the alleged breaches of a probate bond, in not accounting for land sold, and paying over the same to creditors. Judgment had been already rendered for the panal part of the bond, in relation to which no question is before us. There is no doubt that the administrator sold land, under the order of the probate court, and has neglected to account therefor. There has, therefore,been a breach of the condition of the bond, and no subsequent accounting or payment could heal this breach, or…
2Cited by2 opinions
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