Luce v. Treasurer
Ohio Supreme Court
Error to the Common Pleas. The treasurer of Champaign for the use of McDonald, administrator de bonis non of Pearce, sued Luce and Kenton, on a bond executed by them as security for Fithian, administrator of Pearce. The declaration, after describing the bond, avers that Fithian, the administrator, removed to Illinois — having commenced a settlement with the probate court here,, and died before it was completed.
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Error to the Common Pleas. The treasurer of Champaign for the use of McDonald, administrator de bonis non of Pearce, sued Luce and Kenton, on a bond executed by them as security for Fithian, administrator of Pearce. The declaration, after describing the bond, avers that Fithian, the administrator, removed to Illinois — having commenced a settlement with the probate court here,, and died before it was completed. That the settlement was after-wards completed by his administrator, and a balance found by the court to be due of $1,432.30 — that McDonald had been duly appointed administrator de…
1Opinion of the CourtWright, J.
There is no error in this record.
*6781. The personalty of an intestate estate does not go to the heirs hy descent. It goes to the administrator, the representative of the personalty. If the estate were finally settled, chancery might direct the payment in the first instance to the heir, as the party ultimately entitled, or settle and distribute the estate, but if there be, as in this case, an administrator, the choses in action are in him: (6 Mass. 391.)
2. There were no damages to assess, the demurrer admitted the amount as found by the court of probate, but if it were not so, the court on…
2Cases cited1 opinion
- Warner v. MyersClackamas County Circuit Court, Oregon · 1870