Harrison v. Henderson
Tennessee Supreme Court
FROM WILLIAMSON. From the Chancery Court, October Term, 1871. William S. Fleming, Ch. A personal representative has no discretion as to the operation of the statute of limitations against his own claim. 10 Hum., 301; 3 Sneed, 603; 3 Head, 403; lb., 658. He is bound to plead the statute of two years and . six months, or commit a devastavit, 7 Hum., 373. . The suspension of the statute by the Constitution, etc., cannot avail.
Read the full summary
FROM WILLIAMSON. From the Chancery Court, October Term, 1871. William S. Fleming, Ch. A personal representative has no discretion as to the operation of the statute of limitations against his own claim. 10 Hum., 301; 3 Sneed, 603; 3 Head, 403; lb., 658. He is bound to plead the statute of two years and . six months, or commit a devastavit, 7 Hum., 373. . The suspension of the statute by the Constitution, etc., cannot avail. Gfirdner v. Stephens, 1 Heis., 280. Retainer by a personal representative must be made, if at all, within two years and six months, and allowed in the settlement with the…
1Opinion of the CourtEeeemaN, J.
This bill is filed by complainant as one of the legatees of John Hughes, deceased, against Samuel Henderson, who qualified as the executor of the said John Hughes, after proving the will, on the 24th of January, 1861, and against John W. Miller, who, on the resignation of said Henderson, was appointed administrator de bonis non, with the will annexed, of the said John Hughes, and also against the heirs and dis-tributees of said estate.
The bill alleges that at the March term, 1861, said Henderson returned his inventory of said estate to the County Court, a copy of which is made an *319exbibit to…
2Cases cited2 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Page v. LloydSupreme Court of the United States · 1831
3Cited by7 opinions
- Southern Coal & Iron Co. v. SchwoonTennessee Supreme Court · 1921
- Perkins v. GuyMississippi Supreme Court · 1877
- American Nat. Bank of Nashville v. EmbryTennessee Supreme Court · 1944
- Pulliam v. PulliamUnited States Circuit Court · 1881
- McElroy v. McElroyTennessee Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.