“Debts due by the decedent” cannot constitute debts that have accrued after the decedent has passed away. First, this conclusion is reached by a textual, plain-meaning, reading of the bond. Indeed, at the time of the decedent’s death, the decedent ceases to exist, and all that remains is the decedent’s estate. As such, any debts that arise after the decedent’s death are not “debts due by the decedent,” but they are debts incurred by the decedent’s estate. This is so notwithstanding the fact that the State of Maryland is within the class of entities that that a nominal bond secures. Stated differently, although the nominal bond secures the decedent’s debts to the State, the bond does not secure debts to the state that accrewed after the decedent’s …show more content…
In support, the State will rely on the text of the bond which provides that the surety is “obligated to the State of Maryland.” Moreover, the State will note that in Williamson, two other debts—one for the decedent’s credit card, and another for unpaid hospital bills—were properly recoverable against the bond. Id. at 154. These distinctions are immaterial. The issue in this matter is not to whom particular debts are owed, but rather, when the debts accrued. Although Williamson, is mandatory authority for the resolution of this issue, the Court of Appeal’s holding in that case embodies a border concept of the workings of suretyship law that require this outcome.
3. Principles of Suretyship Require That Erie Cannot Be Liable for The State’s Claim.
Not only does Williamson, expressly provide that debts incurred after a decedent’s death cannot be secured by a nominal personal representative’s bond, but elementary principles of suretyship prohibit a principal obligor and a creditor from unilaterally increasing a surety’s exposure to liability on a bond. Indeed:
[A] change in the agreement by the principal and the obligee, without notice or consent by the surety, when it materially changes the risk, entitles the surety to discharge, acknowledging that, when it is applicable, there is ample authority to support it. See Restatement (Third) of Suretyship & Guaranty (1995) § 41, which, as pertinent,
A writ of execution applies to a debtor’s nonexempt real or personal property wherever located.
The Circuit Superior Court of Law and Chancery assessed the value of this particular slave at $300 and issued Burley to pay this amount to the Griffith for his losses. Griffith had won, but Burley was determined to bring this case before a higher court in order to present his objections. Sheriff Burley filed for a supersedeas, which allowed him to delay payment to Griffith until after judgement in the appeal trial. In the Court of Appeals of Virginia, Burley showed the jury the warrant issued to jail William Lee in the county jail. This warrant, signed by an unnamed justice of the peace, listed George Caruthers as the jailor at the time of William Lee’s incarceration. Burley also showed the ambiguity around the name of the slave. The declaration filed by Griffith lists the slaves name as Bill; however, the warrant to jail the slave lists his name as William Lee. Burley’s most capable objection was that the warrant issued was not under the seal of the justice. Burley contested that this warrant was not verifiable and only the jailor could be held responsible. This meant that the blame would be placed upon Caruthers for accepting the prisoner without proper command from his
The Texas Supreme Court has declined to allow an attorney to draw his fees from the corpus of a hospital lien. Bashara v. Baptist Mem’l Hosp. Sys., 685 S.W.2d 307, 309-10 (Tex. 1985). This is because the discharge or payment of a hospital lien is a predicate to any
Charles Smith executed a Last Will and Testament on January 01, 2000. The last Will and Testament was filed with the local probate court. Smith died on June 20, 2015. His Last Will and Testament appointed Ralph Jones as Personal Representative and appointed Henry Robinson as Successor Personal Representative. Robinson would like to have Jones removed from Personal Representative for the Estate of Charles Smith due to the lack of fulfilling his Personal Representative duties. Jones has failed to publish notice in the local newspaper that Smith died on June 20, 2015 and he is now the Personal Representative. Since Jones did not publish notice, creditors or possible creditors are unaware and were unable to make a claim against the Estate. Jones failed to post bond which is required by the court to serve as a Personal Representative of the Estate. In addition, Jones has not taken the necessary
The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.”
On November 15, 2016, Plaintiffs, Lauren Katz (“Lauren”) and Phyllis Rifkin (“Phyllis”), filed a Complaint in the Circuit Court for Baltimore County for equitable relief to prevent the sale of the residence in which they currently reside. The general thrust of the Plaintiffs’ Complaint centers around a power of attorney executed by Daniel Katz (“Daniel”), naming his son, Defendant Martin Katz (“Martin”), as attorney-in-fact. Complaint, ¶ 9. Contemporaneous to the filing of the Complaint, the Plaintiffs also filed a motion for a temporary restraining order to prevent Martin from selling his father’s home in order to finance Daniel’s ongoing and significant medical expenses. This Court denied the motion
Martin is a joint tenant with a right of survivorship with his friends Peter, John, and Thomas. All of them have passed away, and Martin has not been back to the property in more than 20 years. Consequently, Peter indicated in his will that he was leaving his interest in the property to his son Andrew. Andrew has taken a personal loan out and used his part of the interest in the property as collateral. The lender has initiated a legal action to foreclose on the property. Unfortunately, this type of property co-ownership is known as joint tenancy with rights of survivorship and the portion of the interest that is now owned by Andrew, in fact, can be attached by creditors. Andrew’s father, Peter, left his share of
While grantor trusts are commonly created as part of an estate plan, estate planners may inadvertently be creating income tax issues that trustees and tax preparers must deal with during the administration. When the grantor of a grantor trust dies, or the grantor trust status terminates during the life of the grantor, for the most part the tax consequences are well established. What is unclear is what happens if the grantor trust had an outstanding liability to the grantor at the death of the grantor. This paper addresses the issue and how it may be treated. Part I of this paper will briefly address the history of
This appeal is raised in the context of the trial court granting CHH’s motion for judgment. A motion for judgment is governed by Maryland Rule 2-519 which provides:
Virginia had a huge debt after the civil war, how to deal with the debt crisi in Virginia was up in the air, there were two groups the Funders who wanted the debt paid in full and the Readjusters who wanted the interest from the debt to be reduced as much as possible. By the end of the 1870s many African Americans supported the Readjusters and opposed the Funders. In
In today’s fast-paced modern world, many peoples’ identities are increasingly being shaped by their desire to conform to current societal beliefs and trends due to the rise of factors like culture change, consumerism, and the rise of social media platforms. However, in the poem “Spirit Walking in the Tundra”, acclaimed poet Joy Harjo argues otherwise. In line 25 of the poem, the speaker states that “We do not need history in books to tell us who we are/Or where we come from.” This quotation means that instead of shaping our identities on the current staples of modern society, we should instead look to our surroundings and life experiences to define who we are. In the poem, the speaker flies to Nome, Alaska to join her friend and her son to
Violet’s case is similar to the case Re Megevand; Ex parte Delhasse (1878) 7 Ch D 511 in which the court considered the creditor a partner of the business concerned given that the creditor (Delhasse) had the right to control the property, had all the rights a dormant business partner would be expected to have, and rights to share profits and liability to share in losses.
"Don't underestimate the power of one, be creative, volunteer". she was born in the middle of WWII, 1944, the seventh child of a sixteen child farming family. Being in the middle, she saw her siblings as from two generations, the oldest ones were like additional parents, the youngest ones were more like kids I could mentor. Despite hardships like severe asthma it was a magical youth lived largely in nature, and it shaped her love and wonder of the natural world.
“Power tends to corrupt, and absolute power corrupts absolutely” The theme expressed in the novel “Animal farm” is power bends the mind of people. Things with more power tend to want more and try to dictate. There are people who will work hard to earn the things that they need to survive and share things with other people who are in need and cooperate with them, but there are also people who just want to tell people what to do and take things instead of earning it. Humans are the most manipulating of all animals. We have more power than other animals, and we just have more advantages and a higher level of thinking than the other animals.
The documentary Life and Debt portrays a true example of the impact economic globalization can have on a developing country. When most Americans think about Jamaica, we think about the beautiful beaches, warm weather, and friendly people that make it a fabulous vacation spot. This movie shows the place in a different light, by showing a pressuring problem of debt. The everyday survival of many Jamaicans is based on the economic decisions of the United States and other powerful foreign countries.