Riley v. Riley
U.S. Circuit Court for the District of Connecticut
MOTION for a new trial. On the trial of this cause in the superior court, it appeared that the plaintiff was a creditor of the estate of Moses Doming, late of JVetp-Hartford in the state of JVew-Yprk, deceased; and that personal property belonging t® that estate had come to the hands of the defendant, and had been disposed of by him. The plaintiff, therefore, claimed, that the defendant was liable as executor de son tort.
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MOTION for a new trial. On the trial of this cause in the superior court, it appeared that the plaintiff was a creditor of the estate of Moses Doming, late of JVetp-Hartford in the state of JVew-Yprk, deceased; and that personal property belonging t® that estate had come to the hands of the defendant, and had been disposed of by him. The plaintiff, therefore, claimed, that the defendant was liable as executor de son tort. The defendant resisted this claim on the ground that he was authorized to receive and dispose of the property in question by Jedediah Sanger, to whom letters of…
1Opinion of the Court
By the Court,
unanimously. By the common law, the power and right of an administrator are given only by the court that appoints him. The power of an executor is given by the will of the testator; but his right to appear in any court, and the validity of his acts in that capacity, depend wholly on the probation of the will by the prerogative court, within the limits of that local jurisdiction, in which he claims the power to act.
In England, a will must be approved in every prerogative court, within the local limits of whose jurisdiction the testator died possessed of bona notabilia, in *89order to…
2Cases cited1 opinion
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
3Cited by17 opinions
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Equitable Trust Co. v. PlumeSupreme Court of Connecticut · 1918
- Campbell v. TouseyNew York Supreme Court · 1827
- In re StockmanMichigan Supreme Court · 1888
- Marcy v. MarcySupreme Court of Connecticut · 1864
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