Brant v. Brant
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. I. The rule in England and Missouri is, that the personal estate while in the hands of the executor is the primary and natural fund which must be resorted to in the first instance for the payment of debts of every description contracted by the testator — Wms. on Ex’rs, 1149; Stokes v. O’Eallon, 2 Mo. 29. Even in case of contingent liabilities, the executor is not justified in giving up the residue without bond from specific legatees…
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Error to St. Louis Court of Common Pleas. I. The rule in England and Missouri is, that the personal estate while in the hands of the executor is the primary and natural fund which must be resorted to in the first instance for the payment of debts of every description contracted by the testator — Wms. on Ex’rs, 1149; Stokes v. O’Eallon, 2 Mo. 29. Even in case of contingent liabilities, the executor is not justified in giving up the residue without bond from specific legatees to refund — Wms. on Ex’rs, 546, B 2, and especially note Q for American references; E. 0.1855, Administration, p. 3, ch.…
1Opinion of the CourtWagner, Judge
This was a suit brought by the plaintiff, one of the devisees and son of Joshua B. Brant, deceased, against the defendants, as executors for an account of the rents of certain real estate devised to the plaintiff, and alleged to have been collected and received by the defendants. The petition, in substance, states that the testator Brant, by his last will and testament, divided his real estate into three parts nearly or quite equal to each other, one of which parts he devised to his widow, Sarah B. Brant, who was made executrix, and is also made a defendant in this suit; another to his…
2Cases cited1 opinion
- Livingston v. NewkirkNew York Court of Chancery · 1818
3Cited by8 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Maybury v. GradySupreme Court of Alabama · 1880
- Estate of Bernheimer v. First National BankSupreme Court of Missouri · 1943
- O'Day v. O'DaySupreme Court of Missouri · 1906
- Jones v. ShomakerSupreme Court of Florida · 1899
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