Donnan v. Watts
Donnan v. Watts
Opinion of the Court
The opinion of the court was delivered by
John M. Langston died intestate in 1862, and D. M. H. Langston was duly appointed administrator of his estate. The administrator, on December 10,1862, sold the personal property of his intestate. At this sale the defendant, Sophia M. Langston, the Avidow of the intestate, pur
This action was instituted by plaintiff, one of the sureties upon the bond of Sophia M. Langston, administratrix de bonis non, against the said Sophia M. Langston, and the sureties on her note against the co-surety on the administration bond and creditors, to compel the sureties on the note to pay the amount of the note to the creditors of John Langston. Upon the call of the case and the reading of the complaint, all of the defendants interposed a general oral demurrer, upon the ground that the complaint does not state facts sufficient to constitute a cause of action. His honor, Judge Fraser, sustained the demurrer and dismissed the complaint with costs. The plaintiff appeals upon the ground “that the facts in this case warrant an exception to the general rule which charges executors and administrators with their own notes as cash.”
Sophia M. Langston’s relation to the debt was changed when she became administratrix. She thereby became both payer and payee of the note. The remedy for the collection of the note was completely suspended by Sophia M. Langston becoming administratrix, and by operation of law the administratrix is regarded as holding the amount of the note as cash in hands the same as the other effects of .the intestate, subject to a due course of administration. See Schnell v. Schroder, Bail. Eq., 335;
It is the judgment of this court that the judgment of the Circuit Court be affirmed, and that the complaint herein be dismissed with costs.
Reference
- Full Case Name
- DONNAN v. WATTS
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- Syllabus
- When a debtor to an estate by note for purchases of personalty at the estate sale afterwards becomes administratrix de bonis non, her debt is paid to herself as administratrix, and the sureties on her administration bond cannot call upon the sureties on her note to pay the debt.