Cheever v. Congdon

Grayks, J:

This action was brought at the instance of David Cong-don as guardian of Henry Congdon, a minor, on the bond given by Edward H. Congdon as executor of Elisha Cong-don, deceased, to recover an amount the minor was entitled *297to from the estate of Elisha Congdon, and which amount the probate court had ordered should be paid to him. The case was tried by the court without a jury. The defense was, that after attaining majority, Henry Congdon, who had been the ward of David, as before stated, settled the whole matter with Edward, the executor, and received from the latter in cash and note…