47 Conn. 278 | Conn. | 1879
Enoch Moore died in 1871, leaving no other property than his wearing apparel. His widow paid the expenses of his last sickness and burial from her own money and gave to his brother a suit from his apparel. For this last act the plaintiff, a creditor of the deceased, instituted this action, claiming judgment against her as executrix de son tort. The Court of Common Pleas rendered judgment against him, and he filed a motion for a new trial.
The rule imposing a personal responsibility upon an inter-meddler with the estate of a deceased person has its foundation in the desire of the law to preserve it by the hands of its authorized agents undiminished, so that first, creditors, second, legatees, and third, heirs, may have what belongs to
The defendant having from her own money paid debts due from the estate to preferred creditors to a larger amount than the value of the clothes given away, in the absence of any claim by her for repayment has not intermeddled Avith the estate to the injury of the plaintiff, a common creditor, and is not liable to him as executrix de son tort.
A new trial is not advised.
In this opinion the other judges concurred.
Tliis case was submitted on briefs and so was considered by Judge Pakdee, though not present at the term.