Legal Opinion

Brooks v. Tobin

Massachusetts Supreme Judicial Court

Decided April 6, 1883PublishedCited by 1 opinion

Contract, for the benefit of the guardian of two minors, upon a bond given to the judge of probate by the defendant Tobin as their former guardian, containing the condition that, at the expiration of her trust and on the settlement of her accounts, she should “ pay over and deliver all the estate and effects remaining in her hands, or due from her on such settlement, to the person or persons lawfully entitled thereto.”

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Contract, for the benefit of the guardian of two minors, upon a bond given to the judge of probate by the defendant Tobin as their former guardian, containing the condition that, at the expiration of her trust and on the settlement of her accounts, she should “ pay over and deliver all the estate and effects remaining in her hands, or due from her on such settlement, to the person or persons lawfully entitled thereto.” The case was submitted to this court-upon agreed facts, which appear in the opinion. If the action could be maintained, judgment was to be entered for the plaintiff in the…

1Opinion of the CourtField, J.

This case is submitted upon an agreed statement of facts. The law of Mississippi is a fact to be shown, and the agreed facts contain no statement of what that law is. We do not judicially know what it is, or that it differs from the law of Massachusetts. Mary L. Tobin was appointed guardian by the Probate Court of the county of Middlesex in this Commonwealth, where she and her wards resided. She was also subsequently appointed guardian by a chancery court in Mississippi, by ancillary letters of guardianship, and, as such, collected in *70Mississippi $5000. This money she included in her…

2Cases cited2 opinions

  1. Emery v. BatchelderMassachusetts Supreme Judicial Court · 1882
  2. Clark v. BlackingtonMassachusetts Supreme Judicial Court · 1872

3Cited by1 opinion

  1. Burns v. HoveyMassachusetts Supreme Judicial Court · 1922

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