About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

John F. Ennis, Administrator de bonis non of Joseph Zolkowski and others, v. J. H. B. Smith, Administrator of George Bomford, Lewis Johnson, Administrator de bonis non of Thaddeus Kosoiusko, James Carrico, Samuel Stott, George C. Bomford, Jacob Gideon, Ul U.S. 400 (1853)

handle is hein.slavery/ussccases0235 and id is 1 raw text is: SUPREME COURT. Ennis ot al. v. Smith et al. JOHN F. ENNIS, ADMINISTRATOR DE 3ONIS NON OF JOSEPH ZOL- KOWSKI AND OTHERS, V. J. 11. B. SMITH, ADMINISTRATOR OF GEORGE BOmFoRD, LEWIS JOHNSON, ADy:INISTRATOR DE BONIS NON OF THADDEUS KOSCIUSKO, JAMES CARRICO, SAMUEL STOTT, GEORGE C. BomiFoRD, JAC6IB GIDEON, ULYSSES WARD, ANV JONATHAN B. H. SMITH. Origin of the fund in controversy. Mr. Jefferson's letter concerning it. General Kosciusko made four wills. One in the United States, in 1798; another in Paris, in 1806; the third and fourth were made at S&leare, in Switzerland, whilst lie was sojourning there in 1816 and 1817. The first and second wills were revoked by the third, and he died intestate as to his estate in the United States. But the first will, before it was known that he had made the others, was probated by Mr. Jefferson, in Virginia, and when Mr. Jefferson leuxned that the General had made other wills, he transferred the fund to the -Orphans' Court of the District of Columbia. The Orphans' Court managed the fund for some time, and then Benja- min L. Lear was appointed the administrator of Kosciusko, with the will annexed. He died, leaving a will, and George Bomford one of his executors. Bomford qualified as 'such, and afterwards became the administrator of Kosciusko de bonis on. He took into his possessiofi, as executor, the estate of Lear, and also the funds of Kosciusko. which had been administered by Lear, and first made his re- turn to the Orphans' Court of the administered funds of Kosciusko, as executor of Lear. Afterwards the were returned by him to the Orphans' Court, as adminis- trator de ots non of Kosciusko. The Orphans' Court 4eeming that his sureties as administrator de bonis non of Kosciusko, were insufficient, or that they were not liable for any waste of them, on account of the funds having been received by him as executor of Lear, and not as administrator de 6onis non, called upon him for other sureties, under the act of Congress of the 20th February, 1846. , He complied with the call, and gave as sureties, Stott, Carrico, an-I George C. Bomford, and Gideon, Ward and Smith. The original bonds of Bomford were given to the Orphans' Court, under the law of Marylland, which prevailed without alteration in that part of the District of Colum- bia which had been ceded by Maryland, until Congress passed the act of the 20th February, 1846. The defendant Stott, Carrico, and Gecrge C. Bomford, and Smith, Ward, and Gideon, became the sureties of Bomford, as administrator de onis 'non of Kosciusko, under the act of 20th February, 1846. In the State of Maryland, if an executor or administrator changes any part of an estate from what it was into something else, it is said to be administered. If an administrator d bonis non, possesses himself of such changed estate, of whatever kinhd it may be, and charges himself with it as assets, his sureties to his original bond, as administrator de bons non, are not liable for his waste of them. They are only -liable for such assets of the deceased as remain in specie, unadministered by his predecessor, in the administration. Such is the law of Maryland, applicable to the sureties of Bomford, in the bond given when he was appointed administrator de bonis non of Kosciusko. But when other sureties.are called for by the Orphans' Court under the third section of the act of February 20, 1846, and are given, they do not bear the same relation to the administrator that his original sureties did, and they will be bound for the waste of their principal to the amount of the estate, or funds which he has charged himself by his return to the Orphans' Court, as adminstrator de bonis non, when it called for additional sureties, and for such as the administrator may afterwards receive. The bonds taken by the Orphans' Court ia this case, were properly taken under the act of the 20th February, 1846. General Kosciuskb's Olographic will of 181b, dontains a revoking clause of all other wills previously made by him, and not having disposei of his American funds in that will, nor in the will of 1817, he died'intestate as to -uch funds. The second 40

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most