Butterfield v. Hartshorn
Superior Court of New Hampshire
Assumpsit for money had and received. On trial, it appeared that prior to the 29th of September, 1826, one John Hartshorn was duly appointed executor of the last will of Benjamin Hartshorn, whose estate was decreed to be administered in the insolvent course.
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Assumpsit for money had and received. On trial, it appeared that prior to the 29th of September, 1826, one John Hartshorn was duly appointed executor of the last will of Benjamin Hartshorn, whose estate was decreed to be administered in the insolvent course. The plaintiff presented a claim against said estate, of $45.66, which was allowed by the commissioner, and a decree of the probate court was passed on.the 29th of September, 1826, for the payment of the claim allowed the plaintiff and other creditors of the estate. It further appeared, that on the 17th of November, 1826, the said John…
1Opinion of the CourtUpham, J.
Til this case, the plaintiff having a claim against the estate of Benjamin Hartshorn, which had been allowed, it became the duty of the executor to provide for its payment, if he assets. If the executor might have, compelled the plaintiff- to a suit upon the bond, in order to recover the amount of his claim, it was.no part of his duty as executor to'adopt that course; and it is evident that he intended to provide for. the payment of the plaintiff’s claim without compelling him to resort to legal proceedings. - For this purpose he directed the amount due the plaintiff to be paid out of funds…
2Cases cited3 opinions
- Weston v. BarkerNew York Supreme Court · 1815
- Angel v. FeltonNew York Supreme Court · 1811
- Gill v. BrownNew York Supreme Court · 1815
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