Harrod v. Carder's Adm'r
Ohio Circuit Courts
Error to the Court of Common Pleas of Fayette County. Harrod, one of the legal representatives of Catharine Carder, deceased, brought an action in the court of common pleas to recover of the defendant, McElwaine, as surviving administrator of said decedent, his distributive share of the estate.
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Error to the Court of Common Pleas of Fayette County. Harrod, one of the legal representatives of Catharine Carder, deceased, brought an action in the court of common pleas to recover of the defendant, McElwaine, as surviving administrator of said decedent, his distributive share of the estate. The answer, or cross-petition, alleges that Harrod, in the life-time of the intestate, became indebted to the latter upon two promissory notes; the first dated January 1, 1865, due in one year; the second dated June 20, 1865, and due in thirty days after date ; both given for money loaned and advanced…
1Opinion of the CourtShearer, J.
The only question presented by the record is whether a debt due to an intestate from his legal representative may be retained out of, or set off against, the distributive share of the latter, where such debt was barred by the statute of limitations in the life-time of the decedent.
The only authority to which we are cited, in support of the right of retainer, or set-off, is Williams on Executors, 1304, where tbe doctrine is asserted that “ in a suit by a legatee to obtain payment of a legacy, out of the assets of the testator, in due course of administration, the executor may retain so much of…
2Cases cited2 opinions
- Garrett v. PiersonSupreme Court of Iowa · 1870
- Wallace v. FinneganMichigan Supreme Court · 1866