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RUSTON'S v. RUSTON

2 U.S. 243 (____)

2 Dall. 243

RUSTON'S Executors versus RUSTON.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was argued in September term last, by Ingersoll and M`Kean, for the plaintiffs, and by E. Tilghman and Heatly, for the defendant.

On the 2d of April 1786, the Chief Justice delivered the following opinion:

M`KEAN, Chief Justice.

In the case of an intestacy, the rule of law is clear, that simple contract debts, bonds, mortgages, and specialties of every sort, must be paid by the administrators out of the personal estate, this being the natural fund for debts, tho' the younger children should be thereby left destitute: But where there is a will...

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