Fairman v. Bacon
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of Woodbury, passed on the 10th of June, 1829, dismissing the petition of James B. Fairman, administrator at the estate of Timothy Shepard, deceased, against Orphia Bacon, sole surviving executor of the will of Garry Bacon, deceased.
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This was an appeal from a decree of the court of probate for the district of Woodbury, passed on the 10th of June, 1829, dismissing the petition of James B. Fairman, administrator at the estate of Timothy Shepard, deceased, against Orphia Bacon, sole surviving executor of the will of Garry Bacon, deceased. The petition stated, that Shepard, [who had been executor with Orphia Bacon of Garry Bacon,] died during the time he was executor, without having settled his accounts with the testator’s estate; that while he was executor, he paid to Daniel Beers two sums of money, viz. 400 dollars and 246…
1Opinion of the CourtDaggett, J.
The first question which will be considered, is, whether Orphia Bacon, the defendant, was a proper witness. She was pronouced so, by the judge at the circuit; and I perceive no objection to that decision. The adjustment of an executor’s or administrator’s account always precedes a settlement of the estate. It is essential, and hence a matter of duty—duty to himself, and safety to the estate. This adjustment is strictly and properly matter of accounting, in relation to which all parties in interest may testify. It is the right and duty of the executor to render his account to the judge of…
2Cases cited8 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Betts v. StarrSupreme Court of Connecticut · 1825
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Coit v. TracySupreme Court of Connecticut · 1830
- Abbe v. GoodwinSupreme Court of Connecticut · 1829
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3Cited by6 opinions
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- Schofield v. RideoutWisconsin Supreme Court · 1940
- Crandall v. GallupSupreme Court of Connecticut · 1837
- Kennedy v. ScovilSupreme Court of Connecticut · 1840
- Nobis v. PollockNew York Supreme Court · 1889
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