Page:United States Reports, Volume 1.djvu/323

312 

1788.

to Dogherty; and this fum of Ł 400. is credited to him in the accounts of the eftate kept by the latter.

With refpect to the ʃecond and third points, it muft be obferved, that the Courts of Chancery make it a general rule, that he who receives money fhould be anfwerable for it ; and, therefore, if one Executor becomes infolvent, or bankrupt, the other fhall not be charged. There is a difference, however, between Legatees and Creditors ; the former being appointed, as well as the Executor, by virtue of the Teftator's will ; and confequently cannot impofe the fame refponfibility as the latter. The cafe in 1 P. Wms. 244. is the only one in point ; but on that authority, and the juftice of the matter itfelf, under all its circumftances, we are of opinion that, although Brown would be chargeable if there were creditors, and a deficiency of affets to fatisfy them ; yet, that he is not anfwerable to the Legatees.

The Ł400. muft therefore be deducted from the account, with the nine years intereft which is charged upon it. As to the reft, we think Brown ought to be well fatisfied to pay the intereft; particularly as it is not charged from the year 1776 to the year 1781.

The decifion of the Orphan's Court was accordingly affirmed; deducting Ł400, and nine year intereft, from the account. 

HERE was a report in this caufe, and at the diftance of a month, after Judgment niʃs had been entered, the Defendant filed reafons in exception to the report.<

But, :–We muft not fport with things of fo folemn a nature as Reports of Referrees, and Verdicts of a Jury. The exceptions are much too late. The rule is, that unlefs they are filed within four days, the Judgment niʃs becomes abfolute.

Sergeant for the Plaintiff–Bradƒord and Ingerʃoll for the Defendant. 

HIScaufe had been argued in the laft Term by Lewis and Ingerʃoll for the Plaintiff, and Rowle and Bowie for the Defendant ; and now the CHIEF JUFTICE ftated the queftion, and delivered the opinion of the Court, in the following manner:

M‘KEAN, Chieƒ Juʃtice.– In this cafe the Executors of Zane had iffued a Fieri ƒacias againft Joʃeph Wharton, to which the prefent Sheriff made return, that he had levied to the value of the Plaintiff's demand, on fpecial goods, enumerated in a certain fchedule. In confequence of this return, a Diʃtringas, directed to the Coroner was