De La Guerra v. Packard

Citations

• 17 Cal. 182

Syllabus

<p>In 1849, Lataillade died intestate, at Santa Barbara, California. His father-in-law, Jose de la Guerra, without legal authority, took possession of his assets, and undertook to settle his affairs. Between 1849 and 1850, said Jose received $5,649.50, in money and gold dust, belonging to the estate; and between L's death and 1853, said Jose paid persons claiming to be creditors of the estate, $16,402. Letters of administration, upon the estate of Lataillade were issued in 1857, and in 1858, plaintiffs, as Executors of the last will of said Jose de la Guerra, presented to such Administrator their claim for $10,752.50, balance of payments by said Jose to L’s creditors over the assets received. Claim rejected, and this suit brought against the Administrator for the amount: Held, that Jose de la Guerra, so far as the common law governs the case, was an executor de son tort, and hence that plaintiffs cannot recover; that their testator acquired no rights by his payment of debts over and above the value of assets received, and could not thus make himself a creditor of the estate.</p> <p>An executor de son tort at common law, though his acts are for many purposes valid, cannot derive from such acts any benefit to himself. He cannot retain assets to pay a debt of his own, and if the estate be insolvent, it is no answer to an action to recover the assets, that he has paid debts equal to or exceeding their value.</p> <p>Query: How far our statute has changed these common law rules?</p> <p>Under the Mexican law, the heirs of Lataillade succeeded immediately to the estate, and became personally responsible for his debts; and Jose de la Guerra stood in the position of a voluntary agent, representing the heirs, and not the estate, and his payments were on behalf of the heirs and in discharge of their personal liabilty; and if any claim exist for these payments, it is against the heirs.</p> <p>Semble: That the rights and liability of the heirs under the Mexican law were such that