Chapin v. Waters
Massachusetts Supreme Judicial Court
Contract brought for the benefit of Mary M. Titus, on a joint and several bond to the judge of probate for this county, dated August 1, 1851, entered into by Lewis Torrey, as principal, and the defendant and Dexter Putnam, as sureties, conditioned that Torrey, who had been appointed executor of the will of John Titus, Sen., should faithfully administer the estate of the testator.
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Contract brought for the benefit of Mary M. Titus, on a joint and several bond to the judge of probate for this county, dated August 1, 1851, entered into by Lewis Torrey, as principal, and the defendant and Dexter Putnam, as sureties, conditioned that Torrey, who had been appointed executor of the will of John Titus, Sen., should faithfully administer the estate of the testator. Trial in this court, before Chapman, C. J., who reported the case for the consideration of the full court, substantially as follows: John Titus, Sen., died in 1851, leaving a will, which was duly proved, and by which…
1Opinion of the CourtAmes, J.
The debt due upon the note from the executor to the estate was assets in his hands, for which he and his sureties were responsible, in like manner as if he had received it from any other debtor of the deceased. Stevens v. Graylord, 11 Mass. 256, 269. Leland v. Felton, 1 Allen, 531. The case finds that in all the proceedings of the executor, in the course of his administration of the estate, no notice was taken of this note. The amount necessary to be raised by a sale of real estate, in order to make up for the insufficiency of the personal estate to pay the debts and legacies, is computed…
2Cases cited4 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Conant v. StrattonMassachusetts Supreme Judicial Court · 1871
- Prescott v. PittsMassachusetts Supreme Judicial Court · 1812
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1817
3Cited by11 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Hodge v. HodgeSupreme Judicial Court of Maine · 1897
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