Adams v. Spalding
Supreme Court of Connecticut
This was an action on a bond, given by the defendants, as executors of the will of Asa Spalding, Esq., deceased, to the judge of probate, predecessor of the plaintiff in office. The defendants set out the condition, which was in the form prescribed by statute, and pleaded performance generally.
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This was an action on a bond, given by the defendants, as executors of the will of Asa Spalding, Esq., deceased, to the judge of probate, predecessor of the plaintiff in office. The defendants set out the condition, which was in the form prescribed by statute, and pleaded performance generally. The plaintiff, in the replication, assigned several breaches; which were traversed by the defendants ; and thereupon the parties joined The cause was tried at New-London, September term, 1830, before Bissell, J. The action was brought for the children of Rufus Spald-ing, deceased, claiming as legatees…
1Opinion of the CourtChurch, J.
I do not understand, that any claim is made, in this case, that a technical breach of the condition of the probate bond had not been occasioned, by reason of the neglect of the executors to exhibit an inventory and settle their administration accounts according to law and the condition of their bond ; for which neglect, so far as the claimants in this action were interested, there was no excuse. Edwards v. White & al. ante 28.
The court charged the jury, that the plaintiff could sustain this action, for the benefit of the legatees interested, for their proportion of the sum of 3000 dollars,…
2Cases cited4 opinions
- Goodwin v. ChaffeeSupreme Court of Connecticut · 1822
- Bow v. ParsonsSupreme Court of Connecticut · 1792
- Knapp v. HanfordSupreme Court of Connecticut · 1828
- Knapp v. HanfordSupreme Court of Connecticut · 1826
3Cited by7 opinions
- Davidson v. MurphySupreme Court of Connecticut · 1839
- New Britain Trust Co. v. StoddardSupreme Court of Connecticut · 1935
- American Board of Commissioners for Foreign Missions : Appeal from ProbateSupreme Court of Connecticut · 1858
- Wight v. LeeSupreme Court of Connecticut · 1924
- Williams v. Odessa & Middletown Railway Co.New Jersey Court of Chancery · 1895
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