Pearson v. McBean

The issue raised by the special pleas of appellees concedes that appellants were and are entitled to a judgment against any of the assets of the estate of Duncan S. McBean, deceased, which had not been inventoried or accounted for by appellees as executors. Counsel for appellants, however, admitted in open court that there is no estate of Duncan S. McBean, deceased, which has not been and is not inventoried or accounted for by the defendants, and thus in effect said that they waived and were not seeking a useless judgment against uninventoried or subsequently discovered assets, but they…