Foreign Attachment. Facts found by the court. The plaintiffs seek • to charge the trustees for rents of certain real estate. Writ served on the trustees December 3, 1890. The defendant, as executor of his deceased wife's will, claims the rents. Mrs. Davis died testate February 6, 1890, seized of the real estate from which the rents accrued. She gave to her husband all her property, and nominated him executor.
Good law ✅— No negative treatment on recordhow we know
Decided 1892-12-05
How this case has been cited
Cited by 4 later decisions — most recently December 1989
4 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.
¶2*301
What the result in this suit would be had there been no insolvency decree, is a question not considered. It must be presumed ■ that when the estate was decreed insolvent the executor gave a new bond, and that the original bond was adjudged insufficient, or was withdrawn by leave of court. The estate could not be administered as insolvent without the executor’s giving a new bond.
¶3
No appeal has been taken from the decree of insolvency. The decree is conclusive as long as it stands.
Simmons
v. Goodell, 63 N. H. 458. Not having been reversed, the creditors are entitled to the property of the deceased.
