Page:Federal Reporter, 1st Series, Volume 10.djvu/36

24 FEDERAL REPOUTER. �6. Peodoction ajjd Pboof of ACCO0KT8 IN Pedekai, Courts— Equitt Kuuœ 79. �The old mode of proving the acoount, item by item, bas been abolished by equity rule No. 79. If the executer sets up a settlement in the county courts by his answer, and proves it by his deposition, the court will ortler the master to treat it aa preaeated under that rule. �6. Reqitest fob Dblay to Save the Bar of tue Statutes Mcst Be Si'ecipic �AND TO A PEHIOD CERTAIN — WhEN iNSnPFICIENT. �A request by the executor for delay, to save the bar of the statute of lim- itations of two years and six months in f avor of dead meu's estates, must be for a deflnite length of time, agreed on by the parties, or fixed by reference to some designated event which may occur, and thereh3' render the period certain. A request in writing, made in the following words : " I request that you do not enforce your claims of all descriptions against the estate of John N. Pulliam, by suit or legal proceedings, as the assets of the estate are not yct coilected by me sufflcient to pay the debts due and owiug by John N. Pulliam. By yoxir delaying to sue it shall not prejudice your claims, as I will not avail myself of the statute of limitations applicable to executors, administrators," etc., — hdd to be insufScient. �7. WlLIi — RiGHTS OF CrEDITOBS. �A testator cannot, by directing the order of appropriation of the assets, defeat the rights of creditors. �b. Same— Exoneration of Legact— Executor as Trustee — When Chargkd Personally. �Buta testator may exonerate a legacy by charging the debts upon other prop- erty in a way that will make the executor a trustee to execute the will, and charge him personally, if he so disregards the directions of the will as to injure the legatee. �9. Same— DuTT of Executor as Trustee— As to Propertt in Other State— �TiTLB TO Trust Propertt — Liability io Legatee for Valde of Pkop- brty Not Administered. �Where a testator directed his debts to be paid ont of his other property, real and Personal, in exoneration of a legacy to his wife, granting the necessary powers of sale to his executor, he must execute the trust fully; and if real property be situated in another state, he must execute the will there by doing whatever is necessaryfor that purpose, if he qualifies in the state of the domicile of the tes- tator. An executor so qualifying has the title of the trust property wherever situated, and he cannot separate the trusts and examine the will in one state, leaving out the others. He becomes personally liable to the legatee i^ he so executes the trust as to injure her by taking her legacy to pay debts that might have been otherwise paid if he had carried out the will in all its parts. He will be charged in this account with the value of the property not administered as if he had sold it and realized the money. �10. Same— Liabilitt of Executor in State of Testator's Domicile— Fed- eral Rule of Equity Decision as to Property in Other Jurisdiction — Unaffbcted by Local Statutes and Decisions. �The prinoiple that an executor in the state of testator's domicile becomes, under a will making him testamentary trustee, charged with the trusts of the will, is one of general equity decision, and is wholly unatfected by state stat- utes and decisions, limiting his liability as executor in the state courts in rela- tion to property in another jurisdiction. These local laws may restrict his ��� �