Judge of Probate v. Brooks
Superior Court of New Hampshire
This was an action of debt upon a probate bond, given by D. Dwight, on the 15th May, 1817, upon his being appointed administrator of the estate of John Evans, deceased, and executed by Job F. Brooks, as surety of the said Dwight.
Read the full summary
This was an action of debt upon a probate bond, given by D. Dwight, on the 15th May, 1817, upon his being appointed administrator of the estate of John Evans, deceased, and executed by Job F. Brooks, as surety of the said Dwight. The action was brought against the defendants, as the heirs at law of the said surety, who liad deceased, and as his devisees, “ of divers lands and tenements, devised to them by the last will and testament of the said Job F. Brooks,” and was prosecuted for the benefit of the creditors of the estate of Evans. The cause was submitted to the decision of the court upon…
1Opinion of the Court
By the court,
We .have no doubt, that the statute of the 3 and 4 W. & M. chap. 14, was adopted in this state. Our own statutes refer to the remedy, it provides. But we are of opinion, that devisees, like heirs, are liable only in. cases, where no remedy can be had against the executor or administrator. The reasons, why heirs are held to be liable only in such cases, are stated in Hutchinson v. Stiles, 3 N. H. Rep. 404, and the same reasons exist in the case of devisees.
The question then, is, whether the creditors of Evans, *89for whose benefit this suit is prosecuted, could, at any time, since…
2Cases cited1 opinion
- Hutchinson v. StilesSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- Libby v. HutchinsonSupreme Court of New Hampshire · 1903
- Ticknor v. HarrisSuperior Court of New Hampshire · 1843
- Carter v. JacksonSupreme Court of New Hampshire · 1876