¶1The personal estate, bequeathed in the will of the said Phebc Shacktnaple, and which is claimed by the defendant in error, in his action, is sub*152ject to the laws, which respect the administration of the estates of deceased persons, being in the first instance, assets for the payment of debts, if any, and if not, to be distributed to the heirs at law; and, therefore, the right of action, in this case, if an action can be maintained, does not belong to the defendant in error, as heir at law, the only capacity, in which he sues ; but to the executors or administrators on the estate of the deceased John and Joseph Packwood.
1 Day 150
Taber v. Packwood
Decided July 1, 1803
Supreme Court of Connecticut · decided 1803-07-01
In the Court below, Jl HE declaration alleged, that on the 28th of May, 1776, Phebe Shackmaple made her last will and testament, by which she devised and bequeathed to John Pachvood and Joseph Packivood, all her estate, of every kind or nature whatsoever, upon condition they should arrive to the age ol twenty one years ; , that she also gave, by the will, the use of said estate to Eliza~ belli Westcote, during her natural life ; that said Phebe, soon after executing said…
Decided 1803-07-01