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36 Conn. 292

Brush v. Button

Supreme Court of Connecticut

Decided October 15, 1869

Supreme Court of Connecticut · decided 1869-10-15

Debt on a probate bond, brought to the Superior Court, and tried, on an issue closed to the court, before .Minor, J. The following facts were found by the court: The defendants were the executors of the will of Darius Mead, and as such executed the bond in question on the 20th day of February, 1864.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-10-15

How this case has been cited

Cited by 4 later decisions — most recently May 1993

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Park, J.

¶1For some unaccountable reason the defendants have neglected to settle their executors’ account with the court of probate, which they could have done at any time before judgment was rendered in the present case, and that court would undoubtedly have made such deductions from the inventory as justice and right required. That was the proper place to settle their account, and by our law is the only place where it can he done, as will appear by an examination of the statute, and the repeated decisions of this court on the subject. General Statutes, 229, 409, 412; Bacon v. Fairman, 6 Conn., 121; Pitkin v. Pitkin, 7 id., 315 ; Bailey v. Strong, 8 id., 278; Wattles v. Hyde, 9 id., 10; Beach v. Norton, id., 182 ; Cowles v. Whitman, 10 id., 121. In the case of *295Atwater v. Barnes, 21 Conn., 237, Judge Waite, in giving the opinion of the court, says, “ The policy of our law requires that our probate records shall furnish all needful information relating to the estates of deceased persons, that heirs, creditors, and all others interested therein, may resort to them for the purpose of ascertaining their respective rights.”

¶2The defence made in this case is an effort on the part of the defendants to settle their executors’ account in the Superior Court; which could not have been done even if the case had been brought to that court on 'appeal from the decision of the court of probate in settling the account. All the Superior Court could do in such a case would be to reverse the decision of the court of probate, and send the case back to that court to be settled again. Fairman’s Appeal from Probate, 30 Conn., 205.

¶3A new trial is not advised.

¶4In this opinion the other judges concurred.

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