State ex rel. Pepper v. Warrington

The case assumes that Mrs. Warrington was- not bound to pay this money to the legatees over during her life, and her executor or estate are not entitled to the possesison of it after her death. How then can a suit lie against the executor of Mrs. Warrington for a debt not due from his testatrix, or for money not in his hands as executor 1

gave judgment for plaintiff.