Lewis v. Parrish

Citations

• 115 F. 285
• 53 C.C.A. 77
• 1902 U.S. App. LEXIS 4209

Syllabus

<p>L Executors and Administrators — Suits by Creditors — Jurisdiction and Venue — Liability to Suit in Foreign Courts — Foreign Debts.</p> <p>An executor or administrator, being exclusively bound to account for the assets of the estate to the proper tribunals of the government under which he derives his authority, and the courts of another state having no right to interfere with the application of such assets according to the lex loci, an executor or administrator is not liable to suit as such In the courts of another state for any debt therein against the estate.</p> <p>& Same — Suit in Foreign Court — Liability to Account as Trustee.</p> <p>An executor or administrator who carries funds or property of the estate with him into a state other thán that under which he derives Kls authority is there personally, though not as executor or administrator, liable to account in equity, to the extent of such funds or property, as trustee for those entitled to the effects in his hands, provided it appears that he is accountable to the complaining party for the breach of some express or constructive trust under the will, or as a trustee ex maleficio; but not otherwise.1</p> <p>8. Same — Maladministration—Failure to Account — Remedy.</p> <p>Mere failure of an executor or administrator to account for assets received by him is not such a maladministration of a trust as will make him liable to a suit and accounting as trustee in a state other than that of his appointment, the remedy in such case being by proceedings for an accounting as executor or administrator in the proper tribunal of the state of appointment.</p> <p>4 Same — Right to Require Accounting — Interest of Creditors.</p> <p>A creditor of a decedent’s estate has a sufficient interest therein to maintain proceedings in a probate court to compel the executor or administrator to account for assets received by him.</p> <p>5. Same — Personal Liability — Action at Law.</p> <p>In the absence of a devastavit, an express promis