Beauchamp vs. Schoonover

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Beauchamp vs. Schoonover

The principal difficulty in this case arises from the fact alledged that the Debt claimed by the Plaintiff was originally contracted with him by William Schoonover as principal and that Soloman and John became his securities - a suit at law was brought against - process was served only on Soloman (one of the Securities), the others being no Inhabitants pending the suit Soloman died, and the same was revived against his Administrator with the Will annexed and a Judgment was rendered against him - It appears also that Soloman made a Will, devising his land to william (the principal) & John (the Co Security in said Debt) - the personal Estate he devised to his Widow, and after her Death to belong to the said William & John - the widow survived only a few months -- It appears that there was personal assetts sufficient after paying the funeral expenses to discharge the Plaintiffs Debt, but the Administrator claims that he has exausted the assetts part in the payment of Debts which it would seem were of inferior dignity to the Debt of the Plaintiff and part in Medical & other expenses incurred in nursing and taking care of the widow in her last illness, as also a Debt due to himself amounting to 100 dollars, for as it would seem in nursing the widow prior to her husbands Death - which the Husband had agreed to allow - so far as it regards the right of the Plaintiff to obtain Satisfaction out of the personal assetts there would be no difficulty were it not that the obligation on which he obtained his Judgment binds the Heirs of the obligors - the real Estate of the testator is thereby bound, and the Testator devised his Estate, real & personal, to William & John Schoonover - and William is the Principal Debtor, - ____ would be rendered liable in the first instance, because if the Personal assetts are applied to that Debt, it will make him liable over to his Co Devisee, for a Moiety of it, and so if the land be taken he would Equally a Debtor to his Co Devisee, ___ if the Administrator pay it he will have the right to charge the Land devised to the extent of the simple contract Debts which he has paid provided they do not exceed the amount of the Debt due to the Plaintiff, upon the ground that as the Plaintiffs Debt bound the Land devised, and it being paid out of the Personal assetts, to the exclusion of the Simple contract Creditors, the Simple contract Creditors will be substituted to the Plaintiffs right to charge the Land to the extent of his Debt - and the Administrator being a simple contract creditor in his own right, and having paid the Debts of other simple contract creditors, will have the same right of substitution -- It would be desireable that payment of the Plaintiffs Debt should be ____ in the first instance from the Principal Debtor, but I do not perceive how that can be done - the Plaintiff ought to have his Debt without farther delay - he can therefore have a D____ agst the Admr for the sum appearing in his hands by the report of the Comm which he has not ______ after deducting the sum of [blank space] being for the Commission of the Adm, on the amount assetts in his hands - and for the residue of his Debt, a D___ against the Moiety of the land devised to William the Principal Debtor.


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