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BRIGGS v. WALKER

No. 260.

171 U.S. 466 (1898)

19 S.Ct. 1

43 L.Ed. 243

BRIGGS, v. WALKER.

Supreme Court of United States.

Decided October 17, 1898.

Attorney(s) appearing for the Case

Mr. James P. Helm, Mr. Helm Bruce and Mr. Samuel B. Vance for the motion.

Mr. William Stone Abert, Mr. Charles H. Gibson, Mr. John Marshall and Mr. D.W. Sanders opposing.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

The motion to dismiss must be overruled. An executor represents the person of the testator, and is charged with the duty of resisting unfounded claims against the fund in his hands. Co. Lit. 209a; McArthur v. Scott, 113 U.S. 340, 396. The record, therefore, does present the Federal question whether the right given by the act of Congress to the...

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