Beatty v. Maryland
Supreme Court of the United States
ERROR to the Circuit Court for the district of Columbia, sitting in Washington. This was an action of debt brought at the instance and for the use of Thomas Corcoran against Thomas Beatty upon the administration bond of Mrs. Doyle, administratrix,' with the will annexed, of Alexander Doyle. 'The Defendant was one of her sureties in that bond.
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ERROR to the Circuit Court for the district of Columbia, sitting in Washington. This was an action of debt brought at the instance and for the use of Thomas Corcoran against Thomas Beatty upon the administration bond of Mrs. Doyle, administratrix,' with the will annexed, of Alexander Doyle. 'The Defendant was one of her sureties in that bond. The Defendant' after oyer pleaded a special performance of every item in the condition of. the bond; To which the Plaintiff replied ajudgment.de bonis testatoris obtained by him, in May, 1799, against the ádministratrix, fieri facias upon that judgment…
1Opinion of the CourtDuvall, J.
The account was ,only binding upon the representatives of the éstate, the distributees; and they might still open it in the general Court. But the creditors are no parties1 to the settlement of the account, and cannot be bound by it.
There can be no . doubt that the judgment against the administratrix, the inventory and two first accounts were conclusive evidence of a devastavit.
Marshall, Ch. J.
I believe that is the law throughout the United States.
The Court is unanimously of opinion that the settlement of the account by tlie Orphan’s Court is not conclusivo evidence for the Defendant upon the…
2Cited by1 opinion
- Beatty v. The State of MarylandSupreme Court of the United States · 1812