Winchell v. Allen
Supreme Court of Connecticut
IN ERROR. THIS was a scire-facias in a process of foreign attachment against Israel Allen, as the debtor, &c. of Ezekiel Allen, brought to the county court of Hartford county. On the trial, it appeared that Reuben Allen bequeathed to Ezekiel Allen “ one hundred dollars, and his said Reuben’s wearing apparel, to be paid in grain or neat cattle in two years from his said Reuben’s decease ;” and appointed the defendant his executor.
Read the full summary
IN ERROR. THIS was a scire-facias in a process of foreign attachment against Israel Allen, as the debtor, &c. of Ezekiel Allen, brought to the county court of Hartford county. On the trial, it appeared that Reuben Allen bequeathed to Ezekiel Allen “ one hundred dollars, and his said Reuben’s wearing apparel, to be paid in grain or neat cattle in two years from his said Reuben’s decease ;” and appointed the defendant his executor. Reuben Mien died on the 4th of February 1810. The process of foreign attachment, which was regularly pursued, was commenced and a copy left in service with the…
1Opinion of the Court
Swift, Ch. J.
An executor cannot be considered as the debtor of a legatee. The claim is against the testator or his estate ; and the executor is merely the representative of the deceased. There cannot be a debt due from the executor within the meaning of the statute. Nor can a person, like an executor, deriving his authority from the law, and bound to perform it according to the rules prescribed by law, be considered as a trustee, agent, attorney or factor within the statute ; and this for the best of reasons. In the common case of agents, trustees and factors, the creditor can easily place…
2Cited by9 opinions
- Stillman v. IshamSupreme Court of Connecticut · 1835
- Stratton v. HamIndiana Supreme Court · 1856
- Shelton v. WolthausenSupreme Court of Connecticut · 1908
- Norton v. ClarkNevada Supreme Court · 1884
- Flanary v. BaileyDistrict Court of Appeal of Florida · 1991
4 more not listed; retrieve them via the Exa API.