Thomson v. . Tracy

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendants ask a reversal of the judgment in this action upon two grounds: First that letters testamentary having been issued to them, only in pursuance of chapter 603 of the Laws of 1871, they were not authorized to pay debts of the testator, and, consequently, were not liable to be sued for such debts. And, secondly, that the decree admitting the will to probate having been reversed by the judgment of this court, and a trial by jury having been ordered,…