A Treatise On Private International Law, Or, the Conflict of Laws, With Principal Reference to Its Practice in the English And Other Cognate Systems of Jurisprudence, And Numerous References to American Authorities

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"((?) 303. Hence also one who has accepted abroad a grant of administration without benefit of inventory, and has consequently made himself liable r*98QT ^°'' P^y™®'**' °^ ^^^ debts *irrespective of the value of the assets, L "^ J cannot, even by a creditor who has taken out administration here, be sued in the English chancery upon that liability, or unless he has received English assets, as executor de son tortAe) It is another ques- tion whether he might not be sued at common law, on the pers...onal obli- gation to the creditors contracted by him through acceptance of the unlimited administration, and, if so, the plaintiff would not need an English administration. But the defendant's liability as representing the deceased, on which alone the suit in chancery could be framed, simple personal obligations not being there enforceable, exists only in the juris- (J) Jauncy T. Sealej, 1 Tern. 397.
(bb) Lowe v. Fairlie, 2 Madd. 101 ; Logan v. Fairlie, 2 Sim. & Stu. 284; Bond T. Graham, 1 Hare, 482.


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