Lolley v. Needham's Ex'rs

Superior Court of Delaware

Lolley v. Needham's Ex'rs

1 Del. 86

DecidedJuly 5, 1832

StatusPublished

This text of 1 Del. 86 (Lolley v. Needham's Ex'rs) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lolley v. Needham's Ex'rs, 1 Del. 86 (Del. Ct. App. 1832).

Pincite

Opinion

Per Cur.

The probate is not sufficient. A probate is for the security of the estate, and the law requires that the person making it *87 should disclose all credits within his knowledge. A general reference to the deft’s, books without this, might in many cases evade the check which the law designed to impose upon all claims made upon a deceased person’s estate. The demand here is of $840, with a general reference to the deft’s, books for credits, without specifying a single credit, though it is proved that the plff. has on other occasions, admitted the receipt of specific sums, as being within her recollection and knowledge.

Ridgely for plff. Clayton and Bates for defts.

Judgment of nonsuit.

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Per Cur.

The probate is not sufficient. A probate is for the security of the estate, and the law requires that the person making it *87 should disclose all credits within his knowledge. A general reference to the deft’s, books without this, might in many cases evade the check which the law designed to impose upon all claims made upon a deceased person’s estate. The demand here is of $840, with a general reference to the deft’s, books for credits, without specifying a single credit, though it is proved that the plff. has on other occasions, admitted the receipt of specific sums, as being within her recollection and knowledge.

Ridgely for plff. Clayton and Bates for defts.

Judgment of nonsuit.

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Bluebook (online)

1 Del. 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lolley-v-needhams-exrs-delsuperct-1832.