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Clement Smith, Administrator of Samuel Robertson, Deceased, Plaintiff in Error vs. the President and Directors of the Union Bank of Georgetown, Defendant in Error 518 (1831)

handle is hein.slavery/ussccases0129 and id is 1 raw text is: SUPREME COURT. CLEMENT SMITH, ADMINISTRATOR oF SAMUEL ROBERTS0N, DECEASED, PLAINTIFF IN ERROR v)8. THE PRESIDENT AND DIRECTORS OF THE UgioN BANK oF GzORGEToWi, DE- FENDANT IN ERROR. Robertson was domiciliated at Norfolk in Virginia, and there contracted a debt on bond to T. He was also indebted to the Union Bank of Georgetown, in the district of Columbia, on simple contract. He died intestate at Bedford in Penn- sylvania; leaving personal estate in the city of Washington, in the district of Columbia, of which administration was there granted. By the laws of Ma- ryland, all debts are of equal dignity in administration, and by the laws of Virginia, where R. was domiciliated, debts on bond are preferred. The as- sets in the hands of the administrator were insufficient to discharge the bond and simple contract debts. Held: that the effects of the intestate, in the hands of the administrator, are to be distributed among his creditors according to the laws of Maryland, and not according to the laws of Virginia. ERROR to the circuit court 6f the district of Columbia, for the county of Washington. This case came before the circuit court on the following case agreed. Samuel Robertson, a native of the state of Maryland, a purser in the navy of the United States, and as such purser, for several years before hid death, stationed and domiciliated at Norfolk, in the state of Virginia, died, in the year 182 , .at Bedford, in Pennsylv.ania, intestate, insolvent; whitherhehad gone on a visit for the benefit of his health. He was at the time of his death indebted to the plaintiffs, residing in the district of Columbia, on simple contract, 'not under seal, entered into here in the sum of tweiity-two hundred and twenty-eight dollars, with legal interest thereon from the 3d November 1818 till paid; which sum of monet and interest still remain due and unpaid: and the said Robertson, at the time of his death, was also indebted to Thompson, residing in Virginia, upon contracts'and bonds under seal, entered into in the state of Virginia, in a sum exceeding the whole amount of assets in the hands of the defendant, as administrator as aforesaid. The said Robertson, at the time of his death, was possessed of per- sonal assets in Washington county, in this district. The de- fendant, Cle nent Smith, took out letters of administration

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