Security Ins. Co. v. Taylor
District Court, N.D. Illinois
! This was a demurrer to a plea in abate- ! ment to a scire facias to make the executors | of the defendant, Emeline Taylor, parties to : this proceeding. The original proceeding ! was a libel in personam for a marine tort, ■ filed by the libellant, the Security Insurance i Company, against Emeline Taylor, executrix j of Isaac Taylor, deceased; John Campbell j and Hollingford Warfield alleging in sub-i stance that they were the owners of the- | steamer Geo.
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! This was a demurrer to a plea in abate- ! ment to a scire facias to make the executors | of the defendant, Emeline Taylor, parties to : this proceeding. The original proceeding ! was a libel in personam for a marine tort, ■ filed by the libellant, the Security Insurance i Company, against Emeline Taylor, executrix j of Isaac Taylor, deceased; John Campbell j and Hollingford Warfield alleging in sub-i stance that they were the owners of the- | steamer Geo. S. Weeks, a vessel of twenty • tons burthen, duly licensed and enrolled, and i plying upon the waters of the Mississippi | river between…
1Opinion of the Court
BLODGETT, District Judge.
It seems-very clear to me that this scire facias cannot be sustained. The law is well settled that executors and administrators cannot act out of the' jurisdiction in which they are ap*974pointed, except by complying with the statutory provisions made by comity in such exterior jurisdiction. For instance-, an executor in another state may have ancillary administration in this state, for certain purposes, under the statutes of this state, by probating the will here; in which case the authorities of this state will respect his i character as executor, and allow him to…
2Cited by3 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Courtney v. PradtCourt of Appeals for the Sixth Circuit · 1908
- Filer & Stowell Co. v. RaineyU.S. Circuit Court for the Northern District of Illnois · 1903