Beatty v. Maryland
11 U.S. 281

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U.S. Supreme Court

Beatty v. Maryland, 11 U.S. 7 Cranch 281 281 (1812)

Beatty v. Maryland

11 U.S. (7 Cranch) 281


Decided: a final account settled by an administrator with the orphans' court, is not conclusive evidence in his favor upon the issue of devastavit vel non.

This was an action of debt brought at the instance and for the use of Thomas Corcoran against Thomas Beatty upon the administration bond of Mrs. Doyle, administratrix, with the will annexed, of Alexander Doyle. The defendant was one of her sureties in that bond. The defendant, after oyer, pleaded a special performance of every item in the condition of the bond. To which the plaintiff replied a judgment de bonis testatoris obtained by him, in May, 1799, against the administratrix, fieri facias upon that judgment and a return of nulla bona. The replication also avers that the administratrix had in her hands at the time of the judgment goods of her testator sufficient to satisfy the debt, but that she wasted them. The defendant took issue upon the devastavit.

Upon the trial of this issue, the defendant below took a bill of exceptions which stated that the plaintiff offered in evidence the record of the judgment in May, 1799, against the administratrix for $357, and the fieri facias returned nulla bona. And also the inventory which she had exhibited to the Orphans' Court of Montgomery County, in Maryland, in January, 1795,

Page 11 U. S. 282

amounting to

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