Thayer v. Keyes
Massachusetts Supreme Judicial Court
Contract on a probate bond, executed on December 6, 1853, by Gardner E. Goodell, executor of the will of Abel Goodell, as principal, and by the defendant and Ezekiel Pierce as sureties, and conditioned, among other things, to “administer according to law and to said will” the estate of Abel Goodell, and to “render upon oath a just and true account of his administration, within one year, and at any other times when required by the Judge of Probate.”
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Contract on a probate bond, executed on December 6, 1853, by Gardner E. Goodell, executor of the will of Abel Goodell, as principal, and by the defendant and Ezekiel Pierce as sureties, and conditioned, among other things, to “administer according to law and to said will” the estate of Abel Goodell, and to “render upon oath a just and true account of his administration, within one year, and at any other times when required by the Judge of Probate.” Writ dated September 14, 1882. Answer: 1. A general denial. 2. The statute of limitations. The action was brought for the benefit of Susan P.…
1Opinion of the CourtC. Allen, J.
While it is no doubt true that the testator expected the executor of his will to appropriate and set apart two thousand dollars out of his estate, and to place the same at interest well secured by mortgage, and that he looked to this fund so appropriated and set apart as the convenient source from which to pay the legacies now in question, it is nevertheless apparent that he did not mean to make the payment of them dependent upon the faithful observance of his directions in this respect by the executor. It is impossible to suppose that *107the testator intended to leave it within the power of the…
2Cases cited1 opinion
- McKim v. WilliamsMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
- Hill v. WileyMassachusetts Supreme Judicial Court · 1936
- Tucker v. StewartSupreme Court of Iowa · 1910
- Argus v. KokkorouMassachusetts Supreme Judicial Court · 1941
- Green v. . PetersenNew York Court of Appeals · 1916
- Moody v. Town of WeymouthMassachusetts Supreme Judicial Court · 1931
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