Dixon's Executors v. Ramsay's Executors
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, upon a judgment in favor of the defendants, upon a general demurrer to their plea, which (after oyer of the plaintiffs’ letters testamentary) stated, that the defendants’ testator, at the time of making the promises, &c., and from thence, always, until his death, resided in the town of Alexandria, in the county of Alexandria, in the district of Columbia, and chat the defendants have always resided in the same town, and…
Read the full summary
Error to the Circuit Court of the district of Columbia, upon a judgment in favor of the defendants, upon a general demurrer to their plea, which (after oyer of the plaintiffs’ letters testamentary) stated, that the defendants’ testator, at the time of making the promises, &c., and from thence, always, until his death, resided in the town of Alexandria, in the county of Alexandria, in the district of Columbia, and chat the defendants have always resided in the same town, and that the plaintiffs have not obtained probate of the said letters testamentary, at anyplace within the district of…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — The question in this case is, whether the executor of a person who dies in a foreign country, can maintain an action in this, by virtue of letters testamentary granted to him in his own country.
It is contended, that this case differs from that of an administrator, which was formerly decided in this court, because an administrator derives his power over the estate of his intestate from the grant of the administration ; but an executor derives it from the will of his testator, which has invested him with his whole personal estate, wherever…
2Cited by1 opinion
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806