McKim v. Harwood
Massachusetts Supreme Judicial Court
Con tract against the principal and sureties upon a probate bond given by Emily Harwood as executrix of the will of her husband, John Harwood. She was defaulted, and the action was defended by the sureties. Hearing before Fndicott, J., who found that there was a breach of the bond, ordered judgment for the plaintiff, and sent the case to an assessor to assess the damages; and the defendants alleged exceptions to the above finding.
Read the full summary
Con tract against the principal and sureties upon a probate bond given by Emily Harwood as executrix of the will of her husband, John Harwood. She was defaulted, and the action was defended by the sureties. Hearing before Fndicott, J., who found that there was a breach of the bond, ordered judgment for the plaintiff, and sent the case to an assessor to assess the damages; and the defendants alleged exceptions to the above finding. The assessor made and returned his report to the court, and, at the hearing, Lord, J. affirmed the findings of the assessor in matters of fact, and ruled as matter…
1Opinion of the CourtMorton, J.
The first question is whether there has been any breach of the bond. The material parts of the will of John Harwood are as follows :
“ First. I give and bequeath to my beloved wife, Emily Harwood, all my personal estate, wearing apparel, household furniture, and also all my personal property, such as money at interest, notes, bank stocks, money in the savings, and all that I may hereafter acquire.
“ Second. I also give and devise to my wife, Emily Harwood, all the income of my real estate during her lifetime, for the purpose of enabling her to maintain a home for herself and my children during…
2Cases cited1 opinion
- Howland v. HowlandMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Chase v. FaulknerMassachusetts Supreme Judicial Court · 1940
- Forbes v. AllenMassachusetts Supreme Judicial Court · 1896
- Forbes v. KeyesMassachusetts Supreme Judicial Court · 1906
- Middlecoff v. Superior Court of San Joaquin Cty.California Supreme Court · 1906
- Webb v. ArchibaldSupreme Court of Missouri · 1895