Ledyard v. Johnston
Supreme Court of Alabama
Error to the Chancery Court of Clarice. Before the Hon. Jos. W. Lesesne, Chancellor. Tiib bill, which was filed by the plaintiffs against the defendants in error as legatees of Joseph Johnston, alleges that at the time of the testator’s death, he was indebted to them in the sum of $195, and that after his death his executors contracted a debt with them for the benefit of the estate to the amount of $229, both of which demands were presented to the said executors within…
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Error to the Chancery Court of Clarice. Before the Hon. Jos. W. Lesesne, Chancellor. Tiib bill, which was filed by the plaintiffs against the defendants in error as legatees of Joseph Johnston, alleges that at the time of the testator’s death, he was indebted to them in the sum of $195, and that after his death his executors contracted a debt with them for the benefit of the estate to the amount of $229, both of which demands were presented to the said executors within eighteen months after grant of letters testamentary, and acknowledged by them to be just: that one of the executdrs died…
1Opinion of the CourtCollier, C. J.
Where an administrator has wasted the estate of his intestate, all legal remedies should be exhausted against him and his sureties, if they or either of them are solvent, before a creditor will be permitted to come into a court of equity to subject the estate which had passed into the hands of the heirs and distributees. — Darrington, et al v. Borland, 3 Porter’s Rep. 9; Pike v. Searcy, et al. 4 Porter’s Rep. 52. These decisions rest upon the ground that the liability of the administrator is primary, and the sureties who stipulated for his faithfulness arc chargeable with his default; that…
2Cases cited5 opinions
- Steele v. KnoxSupreme Court of Alabama · 1846
- Legatees of Horn v. GraysonSupreme Court of Alabama · 1838
- Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840
- Taylor v. ReeseSupreme Court of Alabama · 1842
- Robinson v. SteeleSupreme Court of Alabama · 1843
3Cited by5 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- May v. ParhamSupreme Court of Alabama · 1880
- Smith v. EverettMississippi Supreme Court · 1874
- Moebes v. KaySupreme Court of Alabama · 1941
- Sanders v. Godley's Adm'rSupreme Court of Alabama · 1860