Judge of Probate v. Briggs
Superior Court of New Hampshire
Debt upon a probate bond. The defendant pleaded performance of the condition of the bond. To this the plaintiff replied, that the defendant, as administrator, received a sum of money belonging to the estate of his intestate, of which, although requested, he had refused to render an account, and issue was joined upon this allegation in the replication.
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Debt upon a probate bond. The defendant pleaded performance of the condition of the bond. To this the plaintiff replied, that the defendant, as administrator, received a sum of money belonging to the estate of his intestate, of which, although requested, he had refused to render an account, and issue was joined upon this allegation in the replication. And a verdict having been returned in favor of the plaintiff upon this issue, Joel Parker, for the defendant, moved in arrest of judgment, on the ground that no sufficient breachof the condition of the bond was alleged.
1Opinion of the Court
By the court.
The quest ion now to be decided, in this case, is, whether a sufficient breach of the condition of the bond lias been assigned in the replication ?
The condition of the bond, which is in substance prescribed by statute, is,
1st, That the administrator shall return to the judge of probate a just and true inventory of the estate of the deceased within three months from the date of the bond.
In Massachusetts, if an executor or administrator, haring received personal property of the deceased, neglects to return an inventory, execution is awarded in a suit upon the bond for the whole…
2Cases cited5 opinions
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
- Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
- Paine v. FoxMassachusetts Supreme Judicial Court · 1819
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1825
- Coan v. WhitmoreNew York Supreme Court · 1815
3Cited by4 opinions
- Judge of Probate v. KimballSuperior Court of New Hampshire · 1841
- Judge of Probate v. LockeSuperior Court of New Hampshire · 1833
- Merrill v. HarrisSuperior Court of New Hampshire · 1852
- Thompson v. FellowsSuperior Court of New Hampshire · 1850