Executor as devisee
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 13 U.S. 151 - Doe Lessee of Lewis and Wife v. McFarland · 1815Most cited · 23 citing opinions
suit for lands
It has been decided in this Court that letters testamentary give to the executor no authority to sue for the personal estate of the testator out of the jurisdiction of the power by which those letters are granted. But this decision has never been understood to extend to a suit for lands devised to an executor. In such case the executor sues as devisee. His right is derived from the will, and the letters testamentary do not give the title.
How often courts cite the case defining “Executor as devisee”
Court decisions citing the opinion that defined “Executor as devisee” — 22 in all, by decade. Counts are citations to the defining case 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.