Hemenway v. Harrigan

This is a suit brought in the Probate Court under G. L. (Ter. Ed.) c. 205, § 7A, to enforce directly the obligation of an administrator’s bond. The petitioners, the next of kin of the intestate, are distributees under a decree entered on May 9, 1932. The respondents are the administrator, hereafter called the respondent, who is the principal on the bond and the only party prosecuting the present appeal, and the surety on the bond, who waived its appeal. See Murray v. Massachusetts Bonding & Ins. Co. 283 Mass. 15.

The facts pertinent to this decision are these: The respondent was appointed…