Baker v. Bush
Supreme Court of Georgia
Equity from Talbot — bill for account. Decision by Judge Ijamar, March Term, 1858. The complainants,plaintiffs in error filed their bill against ábe defendant to compel him to account to them as the distributees of his intestate, for their distributive shares of the estate in his hands.
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Equity from Talbot — bill for account. Decision by Judge Ijamar, March Term, 1858. The complainants,plaintiffs in error filed their bill against ábe defendant to compel him to account to them as the distributees of his intestate, for their distributive shares of the estate in his hands. After argument had, the Court charged the jury: “that the administrator had a right to retain, for a debt due to himself, though barred at the time of the death of the intestate by the statute of limitations.” Whereupon counsel for complainants excepted to said charge and assign the same as error.
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Is an executor or administrator hound to plead the statute of limitations to a suit against him, on a cause of action *595barred by the statute, at the death of the testator or intestate ?
It is certain that he is not, if the letter of the statute is to govern.
And it seems certain, that he is not, if decided cases are tgovern. Norton vs Flutter, 1 Atkyns 526. Castleton vs. Fanshaw Prec. Ch. Ex-parte Dewdney 15, Ves. 498, Wins. Ex'ors 1283. (1535.)
Shewen vs. Vanderhorst (1 R. & M. 347,) is hardly to the contrary. In that case “the Lord Chancellor,…
2Cited by2 opinions
- Williams v. McHughCourt of Appeals of Georgia · 1915
- Beckham v. BeckhamSupreme Court of Georgia · 1901