Judge of Probate v. Toothaker
This text of 22 A. 119 (Judge of Probate v. Toothaker) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The sureties on a guardian's bond, given at the time of the appointment of the guardian, are not liable for money received for real estate sold by him under a special license. On obtaining such a license, the guardian is required to give a special bond, and the sureties on this special bond are the ones liable for money so obtained by the guardian. Consequently, in a suit on the original bond, if is competent for the sureties to show the source from which the funds remaining in the hands of the guardian, and not accounted for, ■were received. Wo think the evidence offered and rejected, should have been received. Williams v. Morton, 38 Maine, 47; Lyman v. Conkey, 1 Met. 317; Mattoon v. Cowing, 13 Gray, 387.
Exceptions sustained.
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Cite This Page — Counsel Stack
22 A. 119, 83 Me. 195, 1891 Me. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judge-of-probate-v-toothaker-me-1891.