Fitzhugh's ex'or v. Fitzhugh
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Fauquier county, brought by George F. Fitzhugh against Henry Fitzhugh and Berkeley Ward, executors of Thomas Fitzhugh deceased. The writ abated as to Henry Fitzhugh by the return of “ no inhabitant.” The declaration contained three counts.
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This was an action of assumpsit in the Circuit court of Fauquier county, brought by George F. Fitzhugh against Henry Fitzhugh and Berkeley Ward, executors of Thomas Fitzhugh deceased. The writ abated as to Henry Fitzhugh by the return of “ no inhabitant.” The declaration contained three counts. The first count was for medicine and other necessaries, feed for horses, and board of negroes, furnished by plaintiff to defendants, as executors as aforesaid, at their special instance and request. The second count, was for attendance upon the slaves of their testator’s estate and work and labor done…
1Opinion of the CourtDaniel, J.
It seems to be well established as a general principle, that contracts made with an executor or administrator are personal, and do not bind the *302estate of the testator or intestate. The representative. kas no power to charge the assets in his hands by con-originating with himself; nor can any other Person reach the assets for claims originating since the c^ea^ decedent, by suit against the.representative as such. For such contracts and claims the remedy is against the executor or administrator in his private capacity: Whilst on the other hand, for the contracts of the decedent, the…
2Cases cited3 opinions
- Strange v. FloydSupreme Court of Virginia · 1852
- Hale v. CrowSupreme Court of Virginia · 1852
- Collins v. WeiserSupreme Court of Pennsylvania · 1824