Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-05-15

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ssesx20Gse GO nag eaiud2 Why this
x,s1srse ve proceeding which I recoa-
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r1sqsg Nva~ any exorsStrfs or adKli.
rsauzsaTs Sssa execnted siuce the
Cysssa xeasreniSSst ct tAat ART, Uslirh Elk
Nzs-ssy deciares, <rfaxt no security
scS sny executor oc administrator
sssaia &c cha.gesi,se beyond the assets
az TIE tcstzfrx or interstate by reason
: os Say op,issioG &C oissake Ga plead
i.g or Eslse pleading of such execu.
es,rCr sdyniaistrator." Put the case,
that an executor, who has never re-
eess'ed aaore ihan 5 100 OF his testator's
cEsate, sisals, by his own inatten;ion or
u,;suauage or thatof his counsel
CT attsanies, have naede himself per-
sonaily liable to satisfy Judgments a
Eallsf HIM for demands against has
tcstator Tor S fo,O 600 can the secur-
ties ,e charged for mere than the
S 100, ii that were. in truth, the whole
OF the assets? Certainly mott Is it
not then incumbent on the creditor,
when he brings an action against the
securities, 10, shew that assets suilici-
ent 10 discharge his debt have come
10 the hands Of s,eexecator, and that
he has wasted theans Certainly IL is:
nor VIII II DC sufficient 60 shew that the
exerutor either byiiis neglect, or false
Pseadiog, has yuade himseif Liable for
tbs dehr personally, withoue, SIZE wing
that he actually had assets, sufficient
TO pay the debt, or part thereof.
II may he asked, perhaps, how is a
creditor Co ascertain the amount Of the
assets, which have come to the hands
of an executors The law, L conceive,
has sufficiently pointcd out the me-
tlscd; it requires the executor to give
bend with condition, sto make al
true aud perfect inventory of all the
goods, rhatties ADD credits of the
deceased, which have, or shall come
to the hands, possession, or know
ledge of the executor, or into the
hands and possession of any other
'person, for him, and the same SO
made to exhibit into the court grant
ing the probate Tor letters of admi-
uisGation. as the case may bel at
such time as he shall he thereunto,
Repaired by the court" fist Rev. |
Code pa. 1853 His oath, also binds !
him to make a true and perfect inven. |
tory and also a Just account when !
thereto required. Ibid pa. 1921 If
au executor should unreasonably de-
lay to make and return an inventory,
any creditor or other person interest
ed an the estate might, by application
TO the court, procure him to be sum-
mcnea to return an inventory. Byi
this course, which is. <conformable to
the practice ia Epsland Isee Nelson's
lex testamentarIa, pa. 355: Sir, Il.
Raym: Rep. 40 20. T. X. 6. Mara
vs.. Quinl the amount of the assets
may be ascertained; and by the same |
course, thc account of his executor
siip, which is also to be exhibited !
when thereto required by the court,
may likewise be obtained. And |
surely this course is infinitely more |
likely to attain the great ends of JUS
tee, thsn to trust 60 a common Jury
90 aSJast and settle complicated &C. |
cunt of ga executors or administers
tors transactions, in contest between
2 crcd;tcr and the security for the ex-