Altheimer v. Hunter
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. While it is true, in part, that the sureties on an administrator’s bond are liable only for debts contracted by the intestate during his lifetime, and that debts contracted by an administrator cannot be made a charge against the estate for which the sureties would be liable, yet it has always been the custom and rule that costs of administration are paid out of the assets of the estate.
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Appeal from Arkansas Circuit Court. While it is true, in part, that the sureties on an administrator’s bond are liable only for debts contracted by the intestate during his lifetime, and that debts contracted by an administrator cannot be made a charge against the estate for which the sureties would be liable, yet it has always been the custom and rule that costs of administration are paid out of the assets of the estate. These costs are legal charges to be paid out of the assets before creditors are paid. Altheimer’s claim was allowed as a claim for costs by the probate court, and the…
1Opinion of the CourtCockriee, C. J.
The appellees are sureties of Hunter who was administrator of the estate of Graves. Hunter, after qualifying as administrator, procured an order of the probate court directing him to continue the mercantile-business which his intestate was conducting when he died, and afterwards he purchased goods on a credit of Altheimer for that purpose, on the faith of the order. He failed to pay the account due for the merchandise, and Altheimer procured an order from the probate court directing the administrator to pay the account out of the assets of the estate. The administrator refused to do so, when…
2Cases cited4 opinions
- Pool v. EllisMississippi Supreme Court · 1886
- Bomford v. GrimesSupreme Court of Arkansas · 1856
- Jones v. WalkerSupreme Court of the United States · 1881
- Crouch v. EdwardsSupreme Court of Arkansas · 1889
3Cited by4 opinions
- Love, Warren & Monroe Co. v. EnnisWashington Supreme Court · 1917
- Frey v. EisenhardtMichigan Supreme Court · 1898
- Quinn v. MurphySupreme Court of Arkansas · 1930
- Clifford v. McAlester Fuel Co.Supreme Court of Arkansas · 1922