Crane v. Hopkins
Indiana Supreme Court
APPEAL from the St. Joseph Probate Court. This was a petition filed by the appellee in the St. Joseph Probate Court for the allowance of a claim against the estate of John Gilmore, deceased, of whose will the appellants are executors. There was an answer in denial of the validity of the claim, trial by jury, and verdict and judgment for the claimant.
Read the full summary
APPEAL from the St. Joseph Probate Court. This was a petition filed by the appellee in the St. Joseph Probate Court for the allowance of a claim against the estate of John Gilmore, deceased, of whose will the appellants are executors. There was an answer in denial of the validity of the claim, trial by jury, and verdict and judgment for the claimant. By the transcript of the record, as originally certified to the Supreme Court, it appeared that judgment had been rendered for costs against the executors de bonis propriis, but by an amendment of the record, afterwards certified to the Supreme…
1Opinion of the CourtStuart, J.
The only error assigned is that the decree is for costs de bonis propriis.
In return to a certiorari, an amended transcript is filed, by which it appears that the costs are to be levied of the goods and chattels which were of A. B., deceased, in the hands of the executors to be administered, if they have so much in their hands; otherwise to be levied de bonis propriis.
The judgment as it originally stood against the executors individually for costs, in the first instance, is error. 1 Saund. 335, note 10. As shown in the amended transcript, it conforms to the general rule as to costs against…
Also in this document: Per curiam.
2Cases cited1 opinion
- Harrison v. WarnerIndiana Supreme Court · 1825