1 U.S. 169 - Marriot v. Davey — 1 U.S. 164

How this case has been cited

Cited by 14 later decisions (3 by the Supreme Court) — most recently May 1912

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Action for legacy.

¶2A settlement of an administration account by referees, on a citation before tbe register, held not to be conclusive, in an action for a legacy.

¶3This was an action brought by a residuary legatee under the act of the 12 Geo. III., c. 16 (1 Sm. L. 333), to which the defendant pleaded fully administered. The plaintiff, thereupon, moved for the appointment of auditors ; but the defendant objected, because his account had been already left, by consent, to referees, on a former citation before the register of wills, &c.

¶4Rawle, for the plaintiff. Sergeant, for the defendant.

¶5The Court,

¶6however, determined, that the former settlement was not conclusive ; and that, by the words of the act, it was intended, new auditors should be appointed, ex tempore, upon the plea of want of assets, (a)