Judge of Probate v. Sulloway
Supreme Court of New Hampshire
Debt, against the defendants as sureties on the bond of Daniel Barnard, executor of the will of Eliza Bean. Pacts found by the court. At the time of bis appointment as executor, Daniel Barnard was indebted to the estate upon two promissory notes, payable to Eliza Bean. December 28, 1891, be filed with the judge of probate bis account as executor, wherein be charged himself with the amount of his indebtedness to the estate.
Read the full summary
Debt, against the defendants as sureties on the bond of Daniel Barnard, executor of the will of Eliza Bean. Pacts found by the court. At the time of bis appointment as executor, Daniel Barnard was indebted to the estate upon two promissory notes, payable to Eliza Bean. December 28, 1891, be filed with the judge of probate bis account as executor, wherein be charged himself with the amount of his indebtedness to the estate. He died January 10, 1892, before the account was settled. January 26, 1892, James E. Barnard was appointed administrator of the estate of Daniel, and on February 9, 1892,…
1Opinion of the CourtClark, J.
One of the principal questions is whether the sureties upon an executor’s bond are liable for the payment of his personal debt to the testator.
Except as against creditors, an executor’s indebtedness to the testator was by the common law released or extinguished. 2 Bl. Com. 512; Bac. Abr., Executors (A), 10; 2 Will. Ex. 1310, and cases cited; Went. Ex. (1st Am. ed.) 73-76; Co. Lit. 264 b, note 1; Gardner v. Miller, 19 Johns. 188; Marvin v. Stone, 2 Cow. 781, 809.
The purpose of section 7 of the act of July 2, 1822, was to abolish this rule. Norris v. Towle, 54 N. H. 290, 294. It provided that “…
2Cases cited19 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Stovall v. BanksSupreme Court of the United States · 1871
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Baucus v. . StoverNew York Court of Appeals · 1882
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- In re Estate of WardSupreme Court of New Hampshire · 1986
- In Re Connolly's EstateMontana Supreme Court · 1925
- Newberry v. WilkinsonCourt of Appeals for the Ninth Circuit · 1912
- United Brethren v. AkinOregon Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.