Sarah E. Baucus, Appellant v. Mary E. Stover, as Executors

Summary

The New York Court of Appeals reversed the lower courts, holding that an insolvent executor is liable for a debt owed to the estate as if it were money in his hands and that the surrogate must state such a charge separately. The Court also noted that the executor would not be subject to contempt or embezzlement liability due to insolvency. Justice Miller dissented, arguing the statute should not impose absolute liability on insolvent executors.