McKim v. Morse

Decided February 28, 1881

Massachusetts Supreme Judicial Court · decided 1881-02-28

Contract, for the benefit of Maurice Dugan, upon a bond, made on August 22, 1870, to the Judge of Probate for the county of Suffolk, by Christopher A. Connor as principal, and the defendants as sureties, and conditioned that Connor, who, as guardian of Dugan, a minor, had been licensed by the Probate Court to sell certain real estate of his ward for maintenance, “ shall sell the same in the manner prescribed for sales of real estate by executors and administrators, and…

Cited by 2 later decisions — most recently May 1920

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-02-28

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Gray, C. J.

¶1A special bond given by a guardian, upon obtaining a license to sell his ward’s real estate for maintenance, under the Gen. Sts. c. 102, §§ 26 & seq., requires him to invest any residue of the proceeds of the sale not needed for maintenance, and is in this respect like a bond given upon being licensed to make sale for investment under the same statutes; and, in the case at bar, no investment of proceeds having been made, the sureties on the special bond are liable. Mattoon v. Cowing, 13 Gray, 387. Fay v. Taylor, 11 Met. 529. Bennett v. Overing, 16 Gray, 267.

¶2Judgment on the verdict.