Foster v. Thomas
Supreme Court of Connecticut
This was an action of debt on bond, brought by Eleazer K. Foster, as judge of the court of probate, against Leveret Thomas, administrator of Hezekiah Thomas, deceased, as principal, and Henry A. Smith, as surety. The defendants pleaded performance of the condition of the bond. The plaintiff replied, setting forth specially certain breaches; to which there was a rejoinder, by the defendants, detailing the circumstances of the administration.
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This was an action of debt on bond, brought by Eleazer K. Foster, as judge of the court of probate, against Leveret Thomas, administrator of Hezekiah Thomas, deceased, as principal, and Henry A. Smith, as surety. The defendants pleaded performance of the condition of the bond. The plaintiff replied, setting forth specially certain breaches; to which there was a rejoinder, by the defendants, detailing the circumstances of the administration. The plaintiff demurred to the rejoinder. By the pleadings in this case, it appeared, that the defendant Thomas, had been appointed administrator on the…
1Opinion of the CourtEllsworth, J.
The particular question which has been chiefly argued at the bar, the right of an executor or administrator to sell on credit, is one of very considerable importance, and of frequent recurrence in the settlement of estates. This question we design to settle, by the present decision, if indeed there has been, at any time, a different impression in courts of probate, or among other officers of the law. What *290then is the duty and the power of an executor or administrator in settling an insolvent estate? Comyn says, “The office of an executor or administrator consists, principally, in the probate…
2Cases cited1 opinion
- Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
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