Tarbell v. Whiting
Superior Court of New Hampshire
This was a petition for a new trial. Samuel Tarbell, senior, made a note for $230, dated 22d February, 1823, payable to Samuel Tarbell, the petitioner, or order, and having made his will, by which, after giving a part of his estate to other persons, he devised the residue to the said Samuel, the petitioner, died on the 25th March, 1824. Samuel Tarbell, the petitioner, who was appointed executor, caused thejeffi to be proved and allowed on the 25th May, 1824, and gave bond to…
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This was a petition for a new trial. Samuel Tarbell, senior, made a note for $230, dated 22d February, 1823, payable to Samuel Tarbell, the petitioner, or order, and having made his will, by which, after giving a part of his estate to other persons, he devised the residue to the said Samuel, the petitioner, died on the 25th March, 1824. Samuel Tarbell, the petitioner, who was appointed executor, caused thejeffi to be proved and allowed on the 25th May, 1824, and gave bond to the judge of probate, to pay the debts and legacies. Sometime in June, or July, 1826, the said Samuel, the executor,…
1Opinion of the Court
By the court.
As soon as the executor had given bonds to the judge of probate to pay the debts and legacies, all the estate of the testator, not specifically devised to others, vested in the executor absolutely. 5 Pick. 337, Clark v. Tufts; 16 Mass. Rep. 172, Thompson v. Brown; 4 Pick. 97.
And all the debts of the testator became, in fact, the debts of the executor, who thus becoming at the same time both debtor and creditor with respect to the note given him by the testator, the note must be considered in law as discharged and the debt extinct.
It is very clear, that the note, thus becoming…
2Cases cited4 opinions
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Blake v. SewellMassachusetts Supreme Judicial Court · 1799
- Gookin v. SanbornSuperior Court of New Hampshire · 1826
- Thrasher v. HainesSuperior Court of New Hampshire · 1822
3Cited by2 opinions
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Tappan v. TappanSuperior Court of New Hampshire · 1855