Adams' Adm'r v. Burton, Sheriff

1 Del. 138

• Court: Superior Court of Delaware
• Decided: July 5, 1833
• Status: Published

Opinion

Joseph B. Adams was the first administrator of William Brincklce, John Adams administered on his estate, on whose death William K. Lockwood took out letters de bonis non on the estate of Joseph; while Levin H. Adams became the administrator d. b. n. of the estate of William Brincklce. The property in question, a slave valued at $200 belonged to William Brincldoe, and on his death, went into the possession, of first Doctor John Adams, and afterward, swhen Joseph B. Adams administered, into his possession. On the death of Joseph the boy remained in Doctor Adams’ family. An administration account of Joseph B. Adams administrator of William Brincklce settled by John Adams his administrator, was offered in evidence and rejected as not relevant,- no proof having been made that the boy was included in the inventory.

The deft, had a verdict under the charge of the court that as there was no proof that Joseph B. Adams the first administrator of William Brincklce ever paid debts to the amount of the boy or any part of his value, he therefore was not administered, but remained in specie as the property of William Brincklce and liable to the execution at the suit of the Commercial Bank.

JRidgely and Huffington, for plaintiff. Bates and Frame, for defendant.