In re Will of Benton

D.C. Circuit

In re Will of Benton

2 Hay. & Haz. 315, 1858 U.S. App. LEXIS 547

CourtCourt of Appeals for the D.C. Circuit

DecidedDecember 11, 1858

StatusPublished

This text of 2 Hay. & Haz. 315 (In re Will of Benton) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Will of Benton, 2 Hay. & Haz. 315, 1858 U.S. App. LEXIS 547 (D.C. Cir. 1858).

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Opinion

It appears that all the executors named in the will of Thos. H. Benton had renounced or failed to qualify and give bonds when summoned.

The judge decided that notwithstanding the renunciation of an executor he might come into Court and take the responsibility upon himself by complying with the law at any time before letters had been granted to any other person.

This decision is based upon the Maryland statute, 1798, Chap. 101, Sub. Ch. 3, Sec. 7, which is now in force in this District.

Upon this decision Montgomery Blair, Esq., one of the executors who had renounced, came into Court and gave bonds in the penalty of $20,000. F. P. Blair and John C. Rives, Esqs., becoming his sureties.

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It appears that all the executors named in the will of Thos. H. Benton had renounced or failed to qualify and give bonds when summoned.

The judge decided that notwithstanding the renunciation of an executor he might come into Court and take the responsibility upon himself by complying with the law at any time before letters had been granted to any other person.

This decision is based upon the Maryland statute, 1798, Chap. 101, Sub. Ch. 3, Sec. 7, which is now in force in this District.

Upon this decision Montgomery Blair, Esq., one of the executors who had renounced, came into Court and gave bonds in the penalty of $20,000. F. P. Blair and John C. Rives, Esqs., becoming his sureties.

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Bluebook (online)

2 Hay. & Haz. 315, 1858 U.S. App. LEXIS 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-will-of-benton-cadc-1858.