Banking Commission v. Reinke

The plaintiff seeks to recover of the defendant the amount of the double liability under secs. 313.25 and 287.19, Stats. 1937.

Sec. 313.25, Stats., provides: “When a contingent claim shall have become absolute and been allowed, and the executor or administrator shall not have sufficient assets to pay such claim, the creditor may recover such part of his claim as the executor or administrator has not assets to pay from the heirs, devisees or legatees who have received property from the estate that was liable for the payment of the debts of the decedent.”

Plaintiff contends that this section must…