Fridenburg v. Wilson

Citations

• 20 Fla. 359

Syllabus

<p>1. AVhere a plaintiff seeks to be subrogated to satisfied judgment liens on the ground that moneys loaned by him to the defendant in execution were so loaned for the purpose of paying such judgments, and were so applied, the judgment creditor is not a necessary party in a case where no decree is prayed against him.</p> <p>2. The estate of a deceased testator is primarily liable to his debts. As to debts incurred by his executrix and executor subsequent to his death the estate is not liable unless the executrix and executor have power given them to create such charges upon the trust fund enforceable at the suit of the creditor, and such creditor dealing with the executrix and executor is held to notice of the trust and its nature.</p> <p>3. When a testator directs his business to be carried on after his death, prima facie the only fund liable to subsequent creditors of his executors carrying on the business is that which was employed in the business by the testator. To authorize such creditors to resort to any other fund for payment the testator, by his will, must give tlio power in clear and unambiguous language. Where, in che will, there is a simple direction by the testator to his executor to carry on his business as he conducted it, so long as in his judgment it should be deemed best for his estate, to be closed and settled by his executor whenever he thought best to do so, and such will gives a power of sale of his real estate, no other portion of his estate is subject to debts incurred in the business by the executor except that which was employed in the business by the testator.</p> <p>4. A party loaning money to such executor to satisfy judgments obtained by a creditor against such executor for debts incurred in che business of the testator so continued after his death acquires no riglic against any of the estate not connected with the business at the death of the testator. Such portion of the estate as was not thus employed cannot be charged by a creditor