1 Or. 207 | Or. | 1855
Chapter twelve, page 382, of the Oregon Statutes, provides, in effect, “ that when a married man shall die intestate, and without issue, his widow shall be entitled to all the personal estate that remains, after the payment of debts and expenses, as prescribed by law.” Section three of said chapter is as follows: “ When, as doubts have arisen as to what has been the law in relation to the distribution of the personal estate in this territory, the rule of distribution established by this chapter is hereby declared to have been the law of the land since the first session of the Legislative Assembly of this territory, begun and held at Oregon City, on the 16th day of July, A. D. 1849 : Provided, nothing in this section contained shall be so construed as to disturb the settlement of any estate whereof administration is complete and distribution made.”
All of said chapter took effect on the 1st day of May, 1854; and although it undertakes to declare what the law had been prior to that date, it only amounts to a rule for the distribution of the estates to be settled and distributed after the enactment of the statute. No settlement or distribution of the estate in question took place till December, 1854; and the •only question, therefore, to be decided in this case is, whether such estate should have been distributed in accordance with the act of 1854, above cited, as contended by the widow, or, whether it should have been distributed in accordance with the law in force at the time of Armstrong’s death, as contended by appellants.
All parties agree, that at the time of Armstrong’s death there was no legislative enactment for the distribution of estates in this territory, and much confusion has consequently arisen as to the common law rights of the parties; but as we feel bound to apply the statute of 1854 to the estate in suit, any opinion as to the state of the law prior to that time will
But it is argued and not denied, that the law cannot be so changed after a man’s death, as to exempt his estate from the payment of those debts created in his lifetime; and some effort has been made to apply that doctrine to this case. Appellants, however, cannot place themselves on the same footing with creditors. "When two men make a contract, it is implied, if not expressed, that not only they, but them respective estates, shall be bound for its fulfilment. Creditors claim upon this ground, and any law, therefore, declaring that a decedent’s estate shall not he liable for his debts, is a law impairing the obligation of contracts, and void. (Statutes of Oregon, p. 25, Organic Act.)
Appellants do not pretend to claim any part of the estate, in question, by virtue of a contract. They claim by operation of law ; but before their claim could be allowed, the law had ceased to operate in them favor. Appellants, we think, had no vested rights in the estate of their deceased brother, according to the authorities. Williams, in his work on Executors, p. 790, says, that “ an executor or administrator has the same property in the personal effects of an estate as the deceased had when living, and has the same power to bring actions in reference thereto.”
“ On the death of the testator or intestate, his executors or administrators, in point of law, are the owners of the goods which belonged to him, and may declare for them as their own, when damaged by another.” (Hollis v. Smith, 10 East. 295.)
“ It is a general rule of law and equity, that an executor or administrator has an absolute power of disposal over the whole personal effects of his testator or intestate, and that they cannot be followed by creditors or legatees into the hands of the alienee.” (Whale v. Booth, 4 T. R. 625; Nugent v. Gifford, 1 Atk. 463.)
Judgment affirmed.