¶1The settlement before the probate court is conclusive as to the collection of the 1500 dollars due from Ashby. No fraud is suggested, and what is adjudicated by a court of competent jurisdiction cannot be impeached collaterally, but is binding upon the parties until set aside directly by reversal or otherwise. The administrator had power to receive the debt ánd discharge the mortgage, and he in effect did so, at least as against the legatees. He is now concluded from averting that the debt was not collected.
30 Mass. 380
White v. Starr
Massachusetts Supreme Judicial Court
Decided November 15, 1832
Massachusetts Supreme Judicial Court · decided 1832-11-15
Debt on the administration bond of Clement Starr, as administrator, with the will annexed, of John Brown. The bond was dated June 26, 1827. The action was brought against the administrator and his sureties in the bond, for the benefit of legatees. The bond was adjudged to be forfeited and the parties were heard in chancery. By the report of an auditor it appeared, that the testator died and the will was proved in June 1827.
Decided 1832-11-15