Conant v. Stratton
Massachusetts Supreme Judicial Court
Contract, brought March 29,1870, upon a bond given May 2, 1867, by Horace H. Stratton, with the other defendants as sureties, under the Gen. Sts. e. 93, § 3, in the penal sum of $2000, conditioned that he, being executor and residuary legatee of his father, Samuel Stratton, late of Gill, deceased, should pay all the debts and legacies of the testator.
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Contract, brought March 29,1870, upon a bond given May 2, 1867, by Horace H. Stratton, with the other defendants as sureties, under the Gen. Sts. e. 93, § 3, in the penal sum of $2000, conditioned that he, being executor and residuary legatee of his father, Samuel Stratton, late of Gill, deceased, should pay all the debts and legacies of the testator. By the will, which was set forth in the declaration, the testator bequeathed to his wife, Sarah Stratton, the furniture which she brought to him at the time of their marriage, and “ a good and comfortable support and maintenance, both as to…
1Opinion of the CourtAmes, J.
The only question to be disposed of in this case is as to the amount for which execution ought to issue, upon the judgment which has been rendered in favor of the plaintiff. Tho suit is founded upon the executor’s bond, given for the payment of the debts and legacies of the testator, in pursuance of the Gen. Sts. c. 93, § 3 ; and the breach of the bond charged against the executor is his neglect or refusal to pay the legacy given by the will to the testator’s widow. The declaration alleges that she applied to the plaintiff for leave to bring this action in his name ; that such leave was…
2Cited by12 opinions
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- Smith v. HaynesMassachusetts Supreme Judicial Court · 1909
- Lumbert v. FisherMassachusetts Supreme Judicial Court · 1923
- Hatheway v. SackettMichigan Supreme Court · 1875
- Chapin v. WatersMassachusetts Supreme Judicial Court · 1872
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