Brooks v. Rice
Massachusetts Supreme Judicial Court
Contract under the Gen. Sts. c. 101, §§ 31, 32, for the benefit of Nathaniel Bemis, Jr., against the devisees under the will of George T. Rice, to enforce the liability of the latter upon a probate bond executed by George W. Richardson as principal and by George T. Rice and George Bowen as sureties, and conditioned for the faithful performance by Richardson of the duties of executor of the will of John H. Richardson.
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Contract under the Gen. Sts. c. 101, §§ 31, 32, for the benefit of Nathaniel Bemis, Jr., against the devisees under the will of George T. Rice, to enforce the liability of the latter upon a probate bond executed by George W. Richardson as principal and by George T. Rice and George Bowen as sureties, and conditioned for the faithful performance by Richardson of the duties of executor of the will of John H. Richardson. Writ dated July 18, 1879. At the trial, before Endicott, J., the following facts appeared: John Richardson died in 1837, and his will, which was duly admitted to probate on June…
1Opinion of the CourtEndicott, J.
We are of opinion that this action can be maintained.
Under the will of John Richardson, who died in 1837, Nathaniel Bemis, Jr., for whose benefit this action is brought, became in 1844 entitled to receive during his life an annuity of $300. John H. Richardson, son of the testator, was made executor and residuary legatee, and gave bond in the usual form, with sureties, to faithfully discharge his trust and to pay all debts and legacies. All the estate of his father, both real and personal, thus passed to him, and he was bound to pay debts and legacies, *411and to perform all the trusts and duties…
2Cases cited1 opinion
- Prescott v. PittsMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Collins v. CollinsMassachusetts Supreme Judicial Court · 1886
- Hills v. PutnamMassachusetts Supreme Judicial Court · 1890
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1887