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debt against executor

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 21 U.S. 642 - Childress v. Emory · 1823Most cited · 100 citing opinions

the general rule is, that debt does lie against executors upon a simple contract; and that an exception is, that it does not lie in the particular case, where the testator may wage his law. When, therefore, it is established in any given case, that there can be no wager of law by the testator, debt is a proper remedy.