Dawes v. Boylston
Massachusetts Supreme Judicial Court
This was an action of debt on a bond dated March 17, 180], made to the plaintiff as judge of probate for the county of Suffolk, by the defendant as administrator de bonis non, with a copy of the last will of Thomas Boylston, late of London, &c., annexed, pursuant to the statute of 1785, c. 12. The action was prosecuted for the benefit of the inhabitants of the town of Boston, named as residuary legatees in the said last will.
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This was an action of debt on a bond dated March 17, 180], made to the plaintiff as judge of probate for the county of Suffolk, by the defendant as administrator de bonis non, with a copy of the last will of Thomas Boylston, late of London, &c., annexed, pursuant to the statute of 1785, c. 12. The action was prosecuted for the benefit of the inhabitants of the town of Boston, named as residuary legatees in the said last will. The defendant, in his plea in bar, after oyer had of the bond and condition, sets forth specially a performance of the condition. The plaintiff, in his replication,…
1Opinion of the CourtSewall, J.
The general question to be determined upon these pleadings is, whether the judgment recovered by the defendant, as administrator of Thomas Boylston, against the executor of the last will of Moses Gill, Esq., deceased, so far as payment and satisfaction have been obtained, is to be inventoried and accounted for by the defendant, according to the condition of his bond of administration, given to the judge of probate for the county of Suffolk, when the defendant’s letters of administration were'granted. If, on this question, the decision should be against the defendant, there arises another…
2Cases cited7 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
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3Cited by55 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Andrews v. HerriotNew York Supreme Court · 1825
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