Massachusetts General Laws

Mass. Gen. Laws ch. 205, § 1 (2026)

Bond of receiver of absentee or guardian

✓ current as of July 2026

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Section 1. A receiver of an absentee, and, unless otherwise expressly provided, a guardian before entering upon the duties of his trust, shall give bond with sufficient sureties, in such sum as the probate court may order payable to the judge of said court and his successors, and with condition substantially as follows:

1. In the case of a receiver of an absentee under chapter 200:

With condition substantially as provided for the bond of an executor or administrator, and with the further condition to obey all orders and decrees made by the probate court.

Notes of Decisions

Cited in 15 cases, 1925–2009 · leading case: Wood v. Tuohy, 854 N.E.2d 96 (Mass. App. Ct. 2006).

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Wood v. Tuohy, 854 N.E.2d 96 (Mass. App. Ct. 2006). · cites it 13× “It contends that Vaz’s misdeeds in managing Anderson’s affairs prior to her appointment on March 31, 1999, are not governed by G. L. c. 205, § 1, 6 but rather by common-law fiduciary duties associated with a power of attorney that Anderson had executed in her *340 favor, or by…”

Marco v. Green, 615 N.E.2d 928 (Mass. 1993). “G. L. c. 205, § 1 (1990 ed.) (providing that, among other fiduciaries, an “executor, temporary executor or temporary administrator with the will annexed, administrator, [or] administrator with the will annexed” shall give such bond unless exempted pursuant to another section).”

Pinkowitz v. Edinburg, 492 N.E.2d 1153 (Mass. App. Ct. 1986). · cites it 2× “[13] Her previous failure to file accounts as an executrix was a violation of G.L.c. 205, § 1 and c. 206, § 1. [14] A report of a guardian ad litem filed with the judge indicated that Dorothy was hostile toward her daughter Jo-Ann.”

Brackett v. Fuller, 180 N.E. 664 (Mass. 1932). · cites it 2× “” The conditions required to be incorporated in the bond of a special administrator are, in part, “that he will, whenever required by the probate court, truly account on oath for all the property of the deceased which may be received by him as such special administrator, and…”

Dowd v. Morin, 471 N.E.2d 120 (Mass. App. Ct. 1984). “See G. L. c. 205, § 1; c. 206, §§ 1, 23A; Uniform Probate Practice XVIC.”

Gershaw v. Gershfield, 751 N.E.2d 424 (Mass. App. Ct. 2001). “” G. L. c. 205, § 1. This includes the obligation to insure the accuracy of the inventory when facts are brought to the trustees’ attention that they should do so.”

Quincy Mut. Fire Ins. v. W. Sur. Co., 641 N.E.2d 141 (Mass. App. Ct. 1994). · cites it 3× “G. L. c. 205, § 1. The conditions of the bond here relevant are contained in G.”

Dolbeare v. Bowser, 254 Mass. 57 (Mass. 1925). “G. L. c. 205, §§ 1, 12. His authority and interest extend only to such things as may be for the benefit or advantage of the ward.”

Kirwin v. Attorney Gen., 175 N.E. 164 (Mass. 1931). “In regular course the surviving executor named in the will should have completed his administration by turning over the balance of the estate disclosed by a final account as executor to himself as trustee, and, after qualifying by giving the bond required by G. L. c. 205, § 1,…”

Koutoudakis v. Great Am. Indem. Co., 285 Mass. 466 (Mass. 1934). “Assuming, without deciding, in favor of the respondent, that the entire sum of $320 must be considered damages for death, the question is whether the failure of the administrator to account for it is a breach of his bond.”

In re the Trusts Under the Will of Crabtree, 795 N.E.2d 1157 (Mass. 2003). “See G. L. c. 205, § 1. The judge made no inquiry concerning Swift’s qualifications.”

Taylor v. Worcester Cnty. Nat'l Bank, 277 N.E.2d 487 (Mass. 1971). “" G. L. c. 205, § 1, cl. 7, Third. After a final decree has been rendered on any account “it shall not be impeached except for fraud or manifest error.”

Show all 15 citing cases →

— Mass. Gen. Laws ch. 205, § 1(6) — 1 case

Wood v. Tuohy, 854 N.E.2d 96 (Mass. App. Ct. 2006). “It contends that Vaz’s misdeeds in managing Anderson’s affairs prior to her appointment on March 31, 1999, are not governed by G. L. c. 205, § 1, 6 but rather by common-law fiduciary duties associated with a power of attorney that Anderson had executed in her *340 favor, or by…”

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