Giles v. Churchill
Superior Court of New Hampshire
This was an action of trover for four steers, in which the plaintiff sued as administrator of the estate of Joseph Giles, deceased. - . - . , The cause was tried upon the general issue, at January term, 1830, and a verdict taken by consent for the defendant, subject to the opinion of the court upon the following case. The intestate died in September, 1828, leaving some properly, and owing several debts.
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This was an action of trover for four steers, in which the plaintiff sued as administrator of the estate of Joseph Giles, deceased. - . - . , The cause was tried upon the general issue, at January term, 1830, and a verdict taken by consent for the defendant, subject to the opinion of the court upon the following case. The intestate died in September, 1828, leaving some properly, and owing several debts. John B. Giles, his brother, at the request of the present plaintiff, another brother of the deceased, and with the assent of the other heirs, undertook to administer the estate without letters…
1Opinion of the Court
By the Court.
We are inclined to think that an executor, de son tort, cannot by a sale of the goods of the deceased give any title to the purchaser against a rightful *342executor or administrator. 2 Starkie’s Ev. 551 ; 5 Coke, 31 ; Lovelass, 50 ; Yelverton, 138, note, 3 ; 4 Burn’s Ec. Law, 190; 1 Yentris, 349; 5 B. & A. 744, Woolley v. Clark; Wentworth, 181 ; Com. Dig. Administrator, C 3.
But in this case John B. Giles undertook to settle the estate of the deceased by the request of this very plaintiff. Whatever John B. Giles did, then, may be considered as done at the request, and with the assent…
2Cited by1 opinion
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