First National Bank of Dagsboro v. Lofland

Rodney, J.,

delivering the opinion of the court:

It is admitted by the plaintiff that, as a general rule, a garnishment cannot be maintained against a personal representative such as an executor or administrator in such a way as to permit an attachment to interfere with, or create priorities with regard to, the estate which the personal representative is administering. Lyons’ Adm’rs v. Houston’s Ex’r, 2 Harr. 349. It is contended by the plaintiff, however, that when the estate has been settled and an amount of money remains in the hands of the representatives with no further duty to perform…