Postmaster General v. Robbins
District Court, D. Maine
At a former term of this court the plaintiff recovered judgment against Waterman Many, a deputy postmaster, on his official bond, for a balance due on his account with the general post-office, of moneys received for postage; and this is a scire facias to revive the judgment and obtain execution against his administrator. The defendant [Willard Robbins, administrator] has filed several pleas in answer, but the third embraces the matter which is relied upon in the defence.
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At a former term of this court the plaintiff recovered judgment against Waterman Many, a deputy postmaster, on his official bond, for a balance due on his account with the general post-office, of moneys received for postage; and this is a scire facias to revive the judgment and obtain execution against his administrator. The defendant [Willard Robbins, administrator] has filed several pleas in answer, but the third embraces the matter which is relied upon in the defence. This sets forth the statute of Maine relating to the settlement of intestate estates. By this statute it is provided that…
1Opinion of the Court
WARE, District Judge.
The question which is presented by these pleadings and which has been argued at the bar, is, whether the debts due to the United States take precedence of the claims against the estate, which the plea admits to have been paid. The statute of Maine, relied upon in the plea, provides that in all cases of insolvency, before any distribution shall be made of the effects of the deceased among the general creditors, “the debts due for taxes, debts due to the state, and for the last sickness and necessary funeral expenses of the deceased, shall be first paid.” 1 Laws Me. c. 51,…
2Cited by3 opinions
- In Re Shoptaw's EstateWashington Supreme Court · 1959
- United States v. BrownWashington Supreme Court · 1959
- In re Estate of BrooksAppellate Court of Illinois · 1985