13 R.I. 25 | R.I. | 1880
This is an action of assumpsit, brought by the plaintiff as surviving executor of the last will and testament of the late Mary L. Newcomb, to recover the balance of a deposit which formerly stood in the bank to her credit or to the credit of her estate. The plaintiff was originally executor jointly with one B.S. Newcomb. Some time after their appointment, the plaintiff discovered that Newcomb was intemperate and was squandering the assets in drink. Accordingly on November 17, 1877, he notified the bank not to pay over the deposit to Newcomb without his, the plaintiff's, signature, giving the reason. The bank received the notice and impliedly assented by not expressing any dissent. Subsequently Newcomb presented his check for the larger part of the deposit. The treasurer refused to pay without the plaintiff's signature. Newcomb went away and returned, having what purported to be the plaintiff's signature to the check. The treasurer compared it with a signature which he had, and, supposing it to be genuine, paid over the money. Newcomb used it in drink, and died insolvent without accounting for it. The signature was a forgery. The plaintiff claims that the payment to Newcomb was invalid, and that he is entitled to the full amount of the deposit.
There can be no doubt that the ordinary rule is that co-executors, *26
however numerous, have each of them complete power to administer the estate. Williams on Executors, 946; Charlton v. Earl ofDurham, L.R. 4 Ch. App. 433; Hall v. Carter,
Judgment for plaintiff for $49.32. No costs.