Rose v. Patterson

Tbe judgment below is correct. Tbe record discloses tbat this action is not against M. K. Patterson in ber official capacity as executrix of tbe last will and testament of A. S. Patterson, deceased, but is against ber individually. While plaintiff has a judgment, against tbe estate of tbe testator, be seeks to bold tbe defendant liable personally for tbe value of such property of tbe estate as sbe, as legatee and devisee under tbe will, has received. It is alleged that sbe, individually, has received from herself as executrix of said will, and “bolds as ber own,” assets sufficient to pay off…