Moody v. Davis
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. The plaintiffs seek • to charge the trustees for rents of certain real estate. Writ served on the trustees December 3, 1890. The defendant, as executor of his deceased wife's will, claims the rents. Mrs. Davis died testate February 6, 1890, seized of the real estate from which the rents accrued. She gave to her husband all her property, and nominated him executor.
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Foreign Attachment. Facts found by the court. The plaintiffs seek • to charge the trustees for rents of certain real estate. Writ served on the trustees December 3, 1890. The defendant, as executor of his deceased wife's will, claims the rents. Mrs. Davis died testate February 6, 1890, seized of the real estate from which the rents accrued. She gave to her husband all her property, and nominated him executor. The will was proved and the husband appointed executor May 24, 1890. Pie gave bond in the penal sum of $1,000 to pay debts and legacies, and returned no inventory. Upon his petition, and…
1Opinion of the CourtSmith, J.
The giving of a bond by an executor, who is residuary legatee, to pajr debts and legacies (G. L., c. 195, s. 13, Pub. Stats., c. 188, s. 13), has been held to vest in the executor all the estate of the testator not specifically devised. Tarbell v. Whiting, 5 N. H. 63; Batchelder v. Russell, 10 N. H. 39;—and see Tappan v. Tappan, 30 N. H. 50, 68, and Mercer v. Pike, 58 N. H. 287, 288. But this holding was questioned in Heydock v. Duncan, 43 N. H. 95, 101, and Brown v. Brown, 55 N. H. 106, 109.
What the result in this suit would be had there been no insolvency decree, is a question not…
2Cases cited2 opinions
- Simmons v. GoodellSupreme Court of New Hampshire · 1885
- Brown v. BrownSupreme Court of New Hampshire · 1875