Butterfield v. Smith
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Kansas. This suit was brought, Oct. 26, 1877, by Mary A. Smith, administratrix de bonis non, with the will annexed, of the estate of Julius C. Wright, deceased, to foreclose a mortgage made by Daniel M. Adams and wife to secure a note for $5,000 to said Wright. The latter died in 1871. His will, by which he appointed George B. Wright his executor, was admitted to probate, and the executor qualified.
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Appeal from the Circuit Court of the United States for the District of Kansas. This suit was brought, Oct. 26, 1877, by Mary A. Smith, administratrix de bonis non, with the will annexed, of the estate of Julius C. Wright, deceased, to foreclose a mortgage made by Daniel M. Adams and wife to secure a note for $5,000 to said Wright. The latter died in 1871. His will, by which he appointed George B. Wright his executor, was admitted to probate, and the executor qualified. In an inventory of the estate this note was included as part of the assets. In April, 1875, the executor made' application to…
1Opinion of the CourtChief Justice Waite
No proof was put in' on either side. The first defence, therefore, Avas clearty not sustained. Adams, the mortgagor, by not answering the bill, admitted the Aralidity of the note, and the executor of the mortgagee, by charging himself with the'note as part of the assets and settling his accounts on that basis, shoAved that he supposed the debt to be a valid one in the hands of the testator.
As to the second defence, it is claimed that the probate records attached as exhibits to the answer, showing the inventory and distribution, are conclusive evidence that the debt has been paid. Undoubtedly,…
2Cited by11 opinions
- Overby v. GordonSupreme Court of the United States · 1900
- Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Hauke v. CooperCourt of Appeals for the Fifth Circuit · 1901
- Hampton v. FosterU.S. Circuit Court for the District of Massachusetts · 1904
- In re Estate of Dee HansonDistrict Court, District of Columbia · 1962
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