Sec. 52-393. Scire facias against executor, administrator or trustee.
Sec. 52-393. Scire facias against executor, administrator or trustee. If, upon
demand so made, the garnishee neglects or refuses to make such payment or delivery,
the plaintiff in the foreign attachment may maintain a scire facias against him as executor,
administrator or trustee, as aforesaid. If the plaintiff recovers judgment, no execution
shall be issued, but the defendant may pay upon the same the whole, or so much of the
moneys or of the value of the effects attached, and for which he would otherwise have
been liable to the original defendant, as may be necessary to satisfy the judgment; which
payment shall be credited to such executor, administrator or trustee in his administration
account; but he shall not be credited with the costs recovered on such scire facias, unless
the Court of Probate is of the opinion that he was justified in incurring the same. If he
does not so pay such judgment, so much of the same, including interest thereon from
the date when such judgment was rendered, as does not exceed the whole of the moneys
or of the value of the effects attached, and for which he would otherwise have been
liable to the original defendant, and no more, may be recovered by the attaching creditor
in an action on the probate bond, and not otherwise.
(1949 Rev., S. 8137.)
Cited. 47 C. 1. Scire facias does not lie until legacy is due. 67 C. 81. Cited. 91 C. 447. Definition of "spendthrift trust"
and conditions required for its existence. 95 C. 221; 107 C. 13; 108 C. 425.