Newcomb v. Williams
Massachusetts Supreme Judicial Court
Debt on a probate bond in the penal sum of $3000, dated December 18th 1827, executed by Amos Russell and Horace Williams, as principals, and Russell Cooley and Aaron Arms, as sureties. Writ dated August 27th 1844. On the writ was this indorsement: “ This action is brought, by leave of judge of probate, for benefit of David Crafts and Roswell Crafts, and other legatees of late Roswell Crafts.”
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Debt on a probate bond in the penal sum of $3000, dated December 18th 1827, executed by Amos Russell and Horace Williams, as principals, and Russell Cooley and Aaron Arms, as sureties. Writ dated August 27th 1844. On the writ was this indorsement: “ This action is brought, by leave of judge of probate, for benefit of David Crafts and Roswell Crafts, and other legatees of late Roswell Crafts.” Said Amos and Horace were executors of the last will of Roswell Crafts, and the condition of the bond was such as is now required of executors by the Rev. Sts. c. 63, <§> 2, except that, as to the return…
1Opinion of the CourtShaw, C. J.
This is an action of debt on a probate bond. *532brought in the name and by the authority of the judge of probate, upon the application of the nephews and legatees of Roswell Crafts deceased, against Amos Russell and Horace Williams, the executors of said Roswell’s will, as principals, and Russell Cooley and Aaron Arms, as sureties on said bond. The case comes before the court upon an agreed statement of facts; and the question is, whether, to account for the estate of the testator, and pay over the same, is a joint duty of both executors, for the performance of which they and their sureties, by…
2Cases cited1 opinion
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
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- Commonwealth v. MessingerSupreme Court of Pennsylvania · 1912
- Risher v. American Surety Co. of New YorkWisconsin Supreme Court · 1938