Devastavit
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 11 U.S. 281 - Beatty v. The State of Maryland · 1812Most cited · 4 citing opinions
There can be no doubt that the judgment against the administratrix, the inventory and two first accounts were conclusive evidence of a devastavit.
How often courts cite the cases defining “Devastavit”
Court decisions citing the 2 opinions that defined “Devastavit” — 5 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1812–1850
At common law an executor or administrator is not chargeable on a devastavit, until a judgment shall be obtained against him. He is bound to defend himself by legal pleading, and can have no relief in equity. If he suffer judgment by default, it is an admission of assets, and also if he file a plea in bar which he knows to be false. So if he pleads only the general issue, and has a verdict against him. If he plead plene administravit, and on this plea assets are found to be in his hands, he is liable only to the amount of such assets.