Burton v. McCullen

Supreme Court of Delaware

Burton v. McCullen

2 Del. Cas. 20

DecidedOctober 15, 1807

StatusPublished

This text of 2 Del. Cas. 20 (Burton v. McCullen) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burton v. McCullen, 2 Del. Cas. 20 (Del. 1807).

Pincite

Opinion

Per Curiam.

On the first ground we are of opinion that the Statute of William and Mary has been extended by practice. On the second ground, the Court said that the accounting is to be considered only as prima facie evidence, but the plaintiff has [21]*21a right to prove that the administrator did not legally administer the assets according to law. It cannot be conclusive as to creditors; it may, between legatees, etc. The Court refuse nonsuit.

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Per Curiam.

On the first ground we are of opinion that the Statute of William and Mary has been extended by practice. On the second ground, the Court said that the accounting is to be considered only as prima facie evidence, but the plaintiff has [21]*21a right to prove that the administrator did not legally administer the assets according to law. It cannot be conclusive as to creditors; it may, between legatees, etc. The Court refuse nonsuit.

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Bluebook (online)

2 Del. Cas. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-mccullen-del-1807.