In re the Estate of David

Thomas, S.

An executor is properly chargeable with any just debt which the testator had against him, and he is liable for the same as for so much money in his hands at the time the debt or demand becomes due, and he must apply and distribute the same in the payment of debts and legacies, and amongst the next of kin, as part of the personal property of the deceased (C. C. P., § 2714). This liability of the indebted executor is not for all purposes the same as if he had actually received so much money, and if he was at all times from and after the time when he qualified as executor insolvent and…