Willoughby v. McCluer & Holbrook
New York Supreme Court
Error from the Chatauque common pleas. McCluer and Holbrook brought an action of assumpsit in the cornmon P^eas against the plaintiffs in error, who pleaded plena adminislravit, to which plea the plaintiffs replied, that at the commencement of the suit, the defendants had sufficient &00l^s and chattels unadministered to pay and satisfy their demand, and concluded to the country, On the trial of the cause, the plaintiffs proved their demand fo the amount of $64 75. The…
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Error from the Chatauque common pleas. McCluer and Holbrook brought an action of assumpsit in the cornmon P^eas against the plaintiffs in error, who pleaded plena adminislravit, to which plea the plaintiffs replied, that at the commencement of the suit, the defendants had sufficient &00l^s and chattels unadministered to pay and satisfy their demand, and concluded to the country, On the trial of the cause, the plaintiffs proved their demand fo the amount of $64 75. The defendants produced an in- , , '. i o, i • xi ventory, regularly made by two appraisers and tiled m the °hice of the…
1Opinion of the Court
By the Court, Savage, Ch. J.
By the English books, it seems to be understopd that an inventory is not conclusive, either for or against an executor. (Toller’s Law of Executors, 249. 3 Bacon’s Abr. 45. 2 Fonbl. 418,n. a. 1 Salk. 316. 2 Ves. 194.) The executor is to be responsible for *610the . assets of his testator; and there is no reason why, by procuring a low appraisement, he should pocket the differerice between the actual and the appraised value; nor, on the other hand, that he should be responsible for the appraised value, when he can shew it was much beyond what the article would or did…
2Cited by3 opinions
- Cameron v. CameronWisconsin Supreme Court · 1862
- McNabb v. WixomNevada Supreme Court · 1871
- Thorne v. UnderhillNew York Surrogate's Court · 1882