United States ex rel. Balch v. Rose
U.S. Circuit Court for the District of District of Columbia
Debt on the administration-bond of the defendant who was one of the executors of the will of Mr. Brook Beall. The breach assigned in the replication was, that the defendant was indebted to his testator upon bond, as well as upon open account, and that he had not given in or accounted for either of the said debts. To this replication there was a general demurrer, and joinder.
Read the full summary
Debt on the administration-bond of the defendant who was one of the executors of the will of Mr. Brook Beall. The breach assigned in the replication was, that the defendant was indebted to his testator upon bond, as well as upon open account, and that he had not given in or accounted for either of the said debts. To this replication there was a general demurrer, and joinder. By the Maryland Testamentary Act of 1798, c. 101, § 20, cl. 8, it is enacted, “ That the bare naming of an executor in a will shall not operate to extinguish any just claim which the deceased had against him; but it shall…
1Opinion of the Court
The Couht, (Morsell, J., not sitting,) was clearly of opinion that the executor is not liable upon his bond, for neglect of the duty stated in the replication, until that duty shall have been established in the mode pointed out in the Maryland Testamentary Act of 1798, c. 101, § 20, cl. 8.
Judgment for the defendant upon the demurrer.
2Cited by1 opinion
- Faw v. Roberdeau'sSupreme Court of the United States · 1805