Green's Administratrix v. Creighton (1859)
In Green's Administratrix v. Creighton (1859), 64 U.S. 90, a bill was filed by the assignee of certain heirs of an estate against the administratrix and executrix for an accounting.
It was held that the fact of the pendency of proceedings in insolvency in the probate court would not oust the jurisdiction of the federal court.
It was said that a single creditor has been allowed to sue an administratrix for his demand in equity, and obtain decree for payment out of the personal estate, without taking a general account of the testator's debts.
In that case the facts were complicated; the original debtor and his surety were dead, and had died insolvent, and a portion of the assets of the estate of the latter could be traced to the possession of his administratrix, and the authority of a court of equity was required to call for a discovery of the nature and amount of the assets in hand.
It was said that the debtor, Tunstall, had died insolvent, and Whiting, his surety, had also died insolvent. A portion of the assets belonging to the estate of the latter was in the hands of the surety of this administrator. A discovery of the nature and amount of the assets in hand was necessary if they were subject to the application, and it was held that the Circuit Court was authorized to entertain the suit, and the decree dismissing the bill was reversed.