Barusch

(after stating the facts as above). In the absence of a statute an executor cannot be held as garnishee in respect to a legacy of money bequeathed by his testator. Shin on Attachment, § 510; Drake on Attachments, §§ 492, 501; Colby v. Coates, 6 Cush. (Mass.) 558; Hudson v. Wilber, 114 Mich. 116 , 72 N. W. 162 , 47 L. R. A. 345, 68 Am. St. Rep. 465 ; Norton v. Clark, 18 Nev. 247 , 2 P. 529 ; Whitehead v. Coleman, 31 Grat. (Va.) 784. The underlying reason of the decisions is that prior to a decree of distribution the estate is in the custody of the law, not subject to attachment which would delay and embarrass official proceedings in the administration of the estate. After decree of distribution is made, the share of the legatee has been finally determined and there may arise a right to bring'action against the representative of the estate in his individual capacity. The Supreme Court of California, in re Nerac, 35 Cal. 392 , 95 Am. Dec. 111 , decided in 1868, conceded the rule above stated and pointed out that conditions change when it has been judicially determined that money is due from the executor and distribution is ordered. In Dunsmoor v. Furstenfeldt, 88 Cal. 528 , 26 P. 518…