McKim v. Roosa

This is an faction originally brought against an executor and his sureties on a probate bond which was put in suit under Pub. Sts. c. 143, § 10, now R. L. c. 149, § 20, by a creditor who had recovered judgment against the executor and had made an ineffectual demand on him to pay the same or show sufficient goods to be taken on execution. A little more than three months after this action was brought, the Probate Court, on representation of the executor, made a decree under what is now R. L. c. 142, § 2, that the estate would probably be insufficient for the payment of the debts of the…