Fitzhugh's Ex'or v. Fitzhugh
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Rauquier county, brought by George R. Ritzhugh against Henry Ritzhugh and Berkeley Ward, executors of Thomas Ritzhugh deceased. The writ abated as to Henry Ritzhugh by the return of “no inhabitant.” . *The . declaration contained three counts.
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This was an action of assumpsit in the Circuit court of Rauquier county, brought by George R. Ritzhugh against Henry Ritzhugh and Berkeley Ward, executors of Thomas Ritzhugh deceased. The writ abated as to Henry Ritzhugh by the return of “no inhabitant.” . *The . declaration contained three counts. The first count was for medicine arid other necessaries, feed for horses, and board of negroes, furnished by plaintiff to defendants, as executors as aforesaid, at their special instance and request. The second count, was for attendance upon the slaves of their testator’s estate and work and labor…
1Opinion of the CourtDaniel, J.
It seems to be well established as a general principle, that contracts made with an executor or administrator are personal, and do not bind the *estate of the testator or intestate. The representative has no power to charge the assets in his hands by contracts originating with himself; nor can any other person reach the assets for claims originating since the death of the decedent, by suit against the representative as such. For such contracts and claims the remedy is against the executor or administrator in his private capacity: Whilst on the other hand, for the contracts of the decedent,…
2Cases cited4 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Strange v. FloydSupreme Court of Virginia · 1852
- Hale v. CrowSupreme Court of Virginia · 1852
- Collins v. WeiserSupreme Court of Pennsylvania · 1824
3Cited by19 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Hall v. HallWest Virginia Supreme Court · 1877
- Staples' Ex'ors v. StaplesSupreme Court of Virginia · 1888
- Strader v. GoffWest Virginia Supreme Court · 1873
- Hall v. StewartSupreme Court of Virginia · 1923
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