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38 Conn. 269

Kellogg v. Johnson

Supreme Court of Connecticut

Decided August 15, 1871

Supreme Court of Connecticut · decided 1871-08-15

Debt on a probate bond; tried on tbe general issue closed to tbe court (Foster, J.), and reserved on facts found for advice. On the 7th of October, 1867, the defendant, Solon B. Johnson, was duly appointed administrator on the estate of Sophronia J. Urmston,- by the plaintiff as judge of the court of probate for the district of Cornwall, and gave the usual bond as such administrator.

Good law ✅— No negative treatment on recordhow we know

Decided 1871-08-15

How this case has been cited

Cited by 6 later decisions — most recently March 2009

2 district · 3 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.

¶1It appears in this case that the administrator, on the 7th day of April, 1868, in pursuance of a verbal order of the court of probate, which was perfected and made a formal *271order on the 28th day of December, 1869, made distribution of the estate in question to the persons that the court of probate found were the heirs at law of the deceased, and entitled to receive the same. This order of the court of probate has never been reversed, but it now remains in full force, and we think it furnishes full protection to the administrator, and a conclusive answer to this suit on the probate bond, until it shall be regularly set aside on appeal taken from the order to the Superior Court. "We think this view of the case is fully sustained by the following cases: Davenport v. Richards, 16 Conn., 310; Gates v. Treat, 17 id., 388; Bissel v. Bissel, 24 id., 241.

¶2We advise a judgment in favor of the defendants.

¶3In this opinion the other judges concurred; except Seymour, J., who having been consulted in the case when at the bar did not sit.

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