Bryant v. Livermore
Supreme Court of Minnesota
This is an action against the heirs of William B. Dodd, deceased, the defendant Livermore being the statutory guardian, and guardian ad litem, of the minor heirs. The complaint, (verified May 16th, 1870,) sets forth four several causes of action, arising on contract, which accrued to the .plaintiff against William B. Dodd in his lifetime.
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This is an action against the heirs of William B. Dodd, deceased, the defendant Livermore being the statutory guardian, and guardian ad litem, of the minor heirs. The complaint, (verified May 16th, 1870,) sets forth four several causes of action, arising on contract, which accrued to the .plaintiff against William B. Dodd in his lifetime. It farther alleges that Dodd died intestate August 23d, 1862; that on the 19th September, 1862, his widow, Harriet N. Dodd, was duly appointed administratrix of his estate, and letters of administration were issued to her by the probate court of Nicollet…
1Opinion of the Court
*318 By the Court.
Ripley, Ch. J.
Dodd’s real estate descended at his death to his heirs, subject to his debts.- Pub. Stat. chap. 37, sec. 1. The personal estate, however, was the primary fund for their payment. Pub. Stat. chap. 39, sec. 1.
The plaintiff contends that this complaint states a cause of action against the heirs under the statutes of this state, when it discloses a creditor, a debt, heirs, real estate inherited by them, and that the personal assets of the deceased were not sufficient to discharge the debt.
The statutory provisions upon which he relies read as follows : “ Heirs and'…
2Cases cited9 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Knickerbacker v. De FreestNew York Court of Chancery · 1830
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- Brown v. HullSupreme Court of Vermont · 1844
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