Kennedy v. Creswell
101 U.S. 641 (1879)

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U.S. Supreme Court

Kennedy v. Creswell, 101 U.S. 641 (1879)

Kennedy v. Creswell

101 U.S. 641

Syllabus

A bill filed by A. for himself and other creditors against B., executor of C., and the devisees of the latter, alleged that C. was indebted to him, that the personal assets were insufficient to pay the debts, and that B. was paying some of them in full and leaving others unsatisfied. It prayed for an account of the personal estate, the application thereof to the payment of the debt, and the discovery of the real estate whereof C. died seised. The defendants pleaded in bar that B. had in his hands assets sufficient to pay A.'s claim and all others. To this plea A. filed a replication. The proofs sustained the allegations of the bill, but showed those of the plea to be untrue.

Held:

1. That A. was entitled to a decree as though the bill had been confessed or admitted.

2. That as by reason of B.'s admission of assets no discovery was required, a decree against him rendering him individually liable was proper.

3. That there is nothing in the local law of the District of Columbia or in the jurisdiction of the Supreme Court of said District, sitting as a probate court inconsistent with these rulings.

Page 101 U. S. 642

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