Devane v. Royal
McKay and Devane v. John Royal and Wife.
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Battle, J.
There is not the slightest foundation for the defense attempted to be set up by the defendant. As the plaintiffs were employed by the executrix to advise and assist her in the probate of the will of the testator, and in the management of his estate, she became liable to them upon a quantum merwit in her individual, and not in her official capacity. Their claim against her could not be a debt of the testator, for, say the Court, in Hailey v. Wheeler, 4 Jones’ Rep. 159, “it is not possible to conceive how a debt of the testator can be created by matter occurring wholly in the executor’s time. If an executor make an express contract in reference to- the- pro *427 perty of the estate, as, if he employ one to cry the sale of the property, as auctioneer, this is not a debt of the testator.”— So, in the present case, the executrix having employed the plaintiffs as her attorneys and counsellers, though in relation to the business of the estate of her testator, the debt is hers, and she must pajr it, and if the disbursement be a proper one, she will be allowed a credit for it in the settlement of her account with the estate. This is common learning, and it is unnecessary to enlarge upon it, or cite any other authority in support of it.
Pee Cueiam, Judgment affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 12 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.