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A Guide to Executors and Administrators in the Settlement of the Estates of Deceased Persons Within the State of Ohio, to Which Is Prefixed a Brief - Softcover
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Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866. Excerpt: ... or administrator, like other personal property of the deceased.1 The discharge or release in a will of any debt or demand due the testator is not valid in law as against the creditors of a decedent, and the amount of such claim may be collected from the debtor if it become necessary to do so in order to satisfy the claims of such creditors.2 When any estate, real or personal, is taken from a devisee for the payment of the debts of the testator, all the other devisees and legatees may be compelled to contribute toward making up the loss of the person from whom the estate is taken so as to make such loss fall on all the devisees and legatees in proportion to the value of the property received by them respectively. CHAPTER XII. RELATING TO CONTRACTS OF A DECEDENT IN EXISTENCE AT THE TIME OF HIS DEATH. SECTION I. WHAT CONTRACTS OF A DECEDENT AN EXECUTOR OR ADMINISTRATOR MAY ENFORCE, RESCIND, OR SPECIFICALLY PERFORM. As a general rule an executor or administrator is the representative of the decedent in all contracts made by him in his lifetime, and remaining in force at the time of his death; and may sue or be sued in his representative capacity for any breach of such contracts occurring in the lifetime of the deceased, or subsequent thereto. But this rule is subject to exceptions: as, for example, an executor or administrator can not compel the specific performance of a contract for the purchase of lands entered into by the decedent in his lifetime; nor can he sue or be sued upon the covenants of warranty in a deed (unless the breach occurred in the lifetime of the decedent); nor upon a contract to marry, or any other contract which is extinguished or absolutely determined by the death of the party with whom the same was made. When a decedent in his lifetime...
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Reseña del editor
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866. Excerpt: ... or administrator, like other personal property of the deceased.1 The discharge or release in a will of any debt or demand due the testator is not valid in law as against the creditors of a decedent, and the amount of such claim may be collected from the debtor if it become necessary to do so in order to satisfy the claims of such creditors.2 When any estate, real or personal, is taken from a devisee for the payment of the debts of the testator, all the other devisees and legatees may be compelled to contribute toward making up the loss of the person from whom the estate is taken so as to make such loss fall on all the devisees and legatees in proportion to the value of the property received by them respectively. CHAPTER XII. RELATING TO CONTRACTS OF A DECEDENT IN EXISTENCE AT THE TIME OF HIS DEATH. SECTION I. WHAT CONTRACTS OF A DECEDENT AN EXECUTOR OR ADMINISTRATOR MAY ENFORCE, RESCIND, OR SPECIFICALLY PERFORM. As a general rule an executor or administrator is the representative of the decedent in all contracts made by him in his lifetime, and remaining in force at the time of his death; and may sue or be sued in his representative capacity for any breach of such contracts occurring in the lifetime of the deceased, or subsequent thereto. But this rule is subject to exceptions: as, for example, an executor or administrator can not compel the specific performance of a contract for the purchase of lands entered into by the decedent in his lifetime; nor can he sue or be sued upon the covenants of warranty in a deed (unless the breach occurred in the lifetime of the decedent); nor upon a contract to marry, or any other contract which is extinguished or absolutely determined by the death of the party with whom the same was made. When a decedent in his lifetime...
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