HILL V. TUCKER, 54 U. S. 458 (1851)

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U.S. Supreme Court

Hill v. Tucker, 54 U.S. 13 How. 458 458 (1851)

Hill v. Tucker

54 U.S. (13 How.) 458


The relations or privity between executors and their testators in Louisiana do not differ from those which exist at common law.

The interest of an executor in the testator's estate is what the testator gives him; that of an administrator only that which the law of his appointment enjoins.

Hence executors in different states are, as regards the creditors of the testator, executors in privity, bearing to the creditors the same responsibilities as if there was only one executor.

Although a judgment obtained against an executor in one state is not conclusive upon an executor in another state, yet it may be admissible in evidence to show that the demand had been carried into judgment, and that the other executors were precluded by it from pleading prescription or the statute of limitations upon the original cause of action.

Therefore, where a person appointed executors in Virginia and also in Louisiana, and the creditors obtained judgments against the Virginian executors without being able to obtain payment, and then sued the executors in Louisiana, the Virginian judgments were admissible evidence for the above-mentioned purposes.

The law of Louisiana bars by prescription all actions brought upon instruments negotiable or transferable by endorsement or delivery unless such actions are brought within five years. But this does not include due-bills or judgments.

Page 54 U. S. 459

On 6 December, 1842, Abner Robinson of the City of Richmond, Virginia, made his last will, and appointed William R. Johnson and Joseph Allen of Virginia, and Thomas Pugh and Joseph W. Tucker, of Louisiana, his executors.

On 21 December, 1842, the will was proved in Virginia and letters testamentary granted to Johnson and Allen the executors.

Tucker qualified as executor in Louisiana, but at what time the record did not show.

On 29 February, 1848, Catharine Hill filed her petition in the Circuit Court of the United States for the Eastern District of Louisiana against Tucker, as executor.

The proceedings in the circuit court, together with the points excepted to, are all stated in the opinion of the Court, and need not be repeated.

Page 54 U. S. 462

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