State v. Waples
Superior Court of Delaware
Hetty W. Giles (now Hetty W. Lawless) administered on the estate of Thomas B. Giles, deceased, with the defendant as her surety.
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Hetty W. Giles (now Hetty W. Lawless) administered on the estate of Thomas B. Giles, deceased, with the defendant as her surety. She passed several accounts, showing balances, of which the distributive share of James Giles was $99 05, including rents for 1839-40. The plaintiff offered to prove the value of the rents received by the administratrix, for 1841-42. This was objected to, on the ground that the plaintiff could not recover any rents received by the administratrix before the settlement of an account before the register, except after an appeal; nor eohld he recover for rents received…
1Opinion of the Court
The Court
ruled out the testimony, on the ground that the administratrix should have been charged with these rents by citation and account before the register, before they could be recovered in the action on the administration bond.
Exception prayed and granted.
Mr. Souston.
This is an action of debt on a bond against Cornelius Waples. The pleas are non est factum; payment; set-off and limitation. How does it support any of these pleas, to show that another person, Mrs. Hetty Giles or Mrs. Hetty Lawless, has supported or paid money to the plaintiff.
Layton.
It already appears in the case that…
2Cases cited1 opinion
- Wilmington Trust Co. v. HendrixsonSuperior Court of Delaware · 1921
3Cited by1 opinion
- State v. ReddingSuperior Court of Delaware · 1945