Probate Court of Westerly v. Potter

Supreme Court of Rhode Island

Probate Court of Westerly v. Potter

52 A. 1085, 24 R.I. 274, 1902 R.I. LEXIS 64

DecidedJuly 1, 1902

StatusPublished

This text of 52 A. 1085 (Probate Court of Westerly v. Potter) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Probate Court of Westerly v. Potter, 52 A. 1085, 24 R.I. 274, 1902 R.I. LEXIS 64 (R.I. 1902).

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Opinion

Per Curiam.

(1) The court sees no ground for demurrer because the writ was issued at the instance of more than one party interested. If one party interested may institute a suit, certainly more than one party can do so. The singular includes the plural. Gen. Laws cap. 26, § 3.

(2) All the other specifications of demurrer are sufficiently covered by Gen. Laws cap. 220, § 34, which provides that suit on the bond may be brought if the executor, after being *275 cited by the court so to do, shall neglect to account. This is not inconsistent with Gen. Laws cap. 218, § 15, because that relates to an unpaid legacy after accounting ; and section 29, providing for an action of account by residuary legatees, expressly says that the remedy shall be without prejudice to any other remedy. The demurrer is to the declaration generally, and, as under Gen. Laws cap. 220, § 34, the bond may be sued after citation and failure to account, a cause of action is stated.

A. B. Grafts and O. H. Williams, for plaintiff. Thos. H. Peabody, for defendants.

Demurrer overruled.

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Per Curiam.

(1) The court sees no ground for demurrer because the writ was issued at the instance of more than one party interested. If one party interested may institute a suit, certainly more than one party can do so. The singular includes the plural. Gen. Laws cap. 26, § 3.

(2) All the other specifications of demurrer are sufficiently covered by Gen. Laws cap. 220, § 34, which provides that suit on the bond may be brought if the executor, after being *275 cited by the court so to do, shall neglect to account. This is not inconsistent with Gen. Laws cap. 218, § 15, because that relates to an unpaid legacy after accounting ; and section 29, providing for an action of account by residuary legatees, expressly says that the remedy shall be without prejudice to any other remedy. The demurrer is to the declaration generally, and, as under Gen. Laws cap. 220, § 34, the bond may be sued after citation and failure to account, a cause of action is stated.

A. B. Grafts and O. H. Williams, for plaintiff. Thos. H. Peabody, for defendants.

Demurrer overruled.

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Bluebook (online)

52 A. 1085, 24 R.I. 274, 1902 R.I. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/probate-court-of-westerly-v-potter-ri-1902.