Fairfax's Executor v. Fairfax
9 U.S. 19 (1809)

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U.S. Supreme Court

Fairfax's Executor v. Fairfax, 9 U.S. 5 Cranch 19 19 (1809)

Fairfax's Executor v. Fairfax

9 U.S. (5 Cranch) 19

Syllabus

If the defendant below intermarries after the judgment, and before the service of the writ of error, the service of the citation upon the husband is sufficient.

Upon the issue of plene administravit, the jury must find specially the amount of assets in the hands of the executor, otherwise the court cannot render judgment upon the verdict.

An executor is liable for the amount of assets in his hands, and for no more.

Error to the Circuit Court for the District of Columbia, sitting at Alexandria, in an action of assumpsit brought by the defendant in error against the plaintiff in error, as executor.

Upon the issues of nonassumpsit and plene administravit, the jury found a general verdict, which was recorded in this form: "We of the jury find the issues for the plaintiff and assess the damages to $220.95." Upon which verdict the judgment of the court was

"That the plaintiff recover against the defendant her damages aforesaid in form aforesaid assessed, and also her costs by her about her suit in this behalf expended, to be levied of the goods and chattels of the said Bryan Fairfax, deceased, at the time of his death, in the hands of the said defendant to be administered, if so much, &c., but if he hath not so much, then the costs aforesaid to be levied of the proper goods and chattels of the said defendant; and the said defendant in mercy,"

&c.

The error relied upon by the plaintiff in error was that the jury had not found the amount of assets in his hands to be administered.

Page 9 U. S. 20

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