Taylor v. Moore
Supreme Court of Connecticut
Assumpsit against the defendant as executrix of Enoch Moore; brought to the Court of Common Pleas of Fairfield County, and tried to the court, on the general issue, with notice, before Sail, J. Facts found and judgment rendered for the defendant, and a motion for a new trial by the plaintiff. The case is sufficiently stated in the opinion.
1Opinion of the Court
Pardee, J.*
Enoch Moore died in 1871, leaving no other property than his wearing apparel. His widow paid the expenses of his last sickness and burial from her own money and gave to his brother a suit from his apparel. For this last act the plaintiff, a creditor of the deceased, instituted this action, claiming judgment against her as executrix de son tort. The Court of Common Pleas rendered judgment against him, and he filed a motion for a new trial.
The rule imposing a personal responsibility upon an inter-meddler with the estate of a deceased person has its foundation in the desire of the law…
2Cited by2 opinions
- Bergin v. Southern New England Telephone Co.Supreme Court of Connecticut · 1897
- Bogue v. WatrousSupreme Court of Connecticut · 1890