Prescott v. Pitts

9 Mass. 376

Opinion

The Court

expressing a strong opinion that the executor was bound to raise the fund for the payment of the annuity, and that his neglect so to do was an unfaithful administration within the condition of the bond, the defendants confessed the forfeiture of the bond; and, on a hearing in chancery, execution was, by agreement, ordered to issue in favor of the widow, for two years’ annuity, with interest and costs.