Prescott v. Pitts
Massachusetts Supreme Judicial Court
Debt on a bond given by the defendants, conditioned, in the form prescribed by the statute, for the defendant Pitts’s faithful administration, as executor of the last will of Samuel Pitts, deceased. The action was brought for the benefit of Mary Pitts, the testator’s widow, for the arrears of an annuity of 300 dollars, which she claims under her husband’s will.
Read the full summary
Debt on a bond given by the defendants, conditioned, in the form prescribed by the statute, for the defendant Pitts’s faithful administration, as executor of the last will of Samuel Pitts, deceased. The action was brought for the benefit of Mary Pitts, the testator’s widow, for the arrears of an annuity of 300 dollars, which she claims under her husband’s will. In a case stated by the parties for the opinion of the Court, it appeared that the testator bequeathed to his said wife the sum of 300 dollars' yearly during her widowhood, she relinquishing her right of dower and all other demands…
1Opinion of the Court
The Court
expressing a strong opinion that the executor was bound to raise the fund for the payment of the annuity, and that his neglect so to do was an unfaithful administration within the condition of the bond, the defendants confessed the forfeiture of the bond; and, on a hearing in chancery, execution was, by agreement, ordered to issue in favor of the widow, for two years’ annuity, with interest and costs.
2Cited by6 opinions
- Chapin v. WatersMassachusetts Supreme Judicial Court · 1872
- Potter v. TitcombSupreme Judicial Court of Maine · 1831
- Knight v. LoomisSupreme Judicial Court of Maine · 1849
- Brooks v. RiceMassachusetts Supreme Judicial Court · 1881
- Hall v. CushingMassachusetts Supreme Judicial Court · 1830
1 more not listed; retrieve them via the Exa API.