Prescott v. Read
Prescott v. Read
Opinion of the Court
A probate bond under our statutes is an official bond, binding an executor or administrator to the faithful performance of the duties of his office; it is therefore a continuing bond, commensurate in time with those duties, each violation of which is a breach, and furnishes a cause of action. Potter v. Titcomb, 7 Greenl. 315. Supposing, therefore, that a probate bond is within the statute of limitations, Rev. Sts c. 120, § 7, limiting actions to twenty years, it is twenty years after the occurring of the cause of action, and not after the bond given. Now, one of the express conditions of the bond is, to render an account, when thereto cited by the judge; and such citation may be issued and an account required, after
Judgment for the penalty of the bond; case referred to an auditor to find the amount for which execution may be awarded.
Reference
- Full Case Name
- Oliver Prescott, Judge, &c. v. Joseph E. Read & others
- Status
- Published