Page:Federal Reporter, 1st Series, Volume 10.djvu/49

 PULIilAM V. PULLUM. 37 �Buits on the notes which came into the hands of the executer, and that it was the end of these suits to which the parties obviously looked as the duration of the deiay. This paper doesnot say so; the parties have reduced their contracta for delay to writing, and we can- not look beyond it, nor imply anything in its favor, not necessarily implied from the language of it. In Galloway v. Mwrray, supra, the learned judge, in delivering the opinion, says : �"It is manifest from the decisions that there has been a departure froin the strict letter of the statute in order to administer it in its spirit, and to meet the right and justice of the cases as they may arise. The statute was never intended as a snare by which to entrap the unwary and credulous cred- iter, and when such a case is presented, if clearly within the equity of the statute, no reflned and technieal construction should be allowed to def eat the right. Af ter the administrator has uegotiated for delay and obtalned it, with or without a special verbal request, and the effect of it has been to paralyze the vigilance of the creditor, and the administrator seeks advantage of his own wrong, certainly the statute must be lield to protect the creditor and save the bar. In such case we hold the spirit of the law is answered." �This doctrine is urged in the argument here, but it does not apply. Such a case is not presented by this record. This creditor can make no pretenee of having been paralyzed by this transaction or by this exeoutor. This paper is in the handwriting of Joel L. Pulliam. He is proved to have been an eminent and able lawyer, familiar with the administration of estates, and capable of taking care of himself ; and the executor was his brother, acting under his guidance and in his interest. �We coma now to the determination of the rights of the plaintifi under the will, as against the executor, in relation to the notes the testator received of her at their marriage, and other property be- queatlied to her. Of course the plaintiff must take all the property subject to the rights of creditors, it being impossible for the testator to give his property to his wife, exempt from liability to them, what- ever power he had to direct the order in which the property should be liable. Wills of both real and personal property, in the United States, are made subject to the rights of creditors ; and to the extent that it is necessary to appropriate the property to the satisfaction of their demands the intended bounty is defeated. 2 Cooley's Black. Com. 378, note 10. This is a matter to be determined upon the taking of the account, and the executor is liable only so far as assets have corne or should have corne into his hands suiiScient to pay these bequests to the wife after the payment of all debts, for the payment of which he shall be allowed in the settlement. ��� �