Cleary v. Cleary

In appealing from an order removing him as executor of the last will and testament of Daniel A. Cleary, deceased, the appellant James E. Cleary applied to the probate judge for an order fixing the amount of the bond required to supersede the order of removal pending appeal to this court. The probate estate has an indicated appraised value of $1,813,008.23 plus a possible undetermined further value in stock appraised at $181,700.82.

The probate judge, in the interest of economy as well as security, fixed the penalty of the bond at only $50,000 but with the added condition that the First…