Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-13

FOR THE ENQUIRER.
To the legislature of Virginia.

and guardians, is extremely defective; and
requires the serious attention of the General
Assembly. There is no separate aud peculiar
court for these subjects. The county courts,
the superior courts Of law, and the superior
counts of chancery, all have jurisdiction. This
produces confusion and uncertainty occasion
ing i'm many instances much consumption of
time, and more of money.
The principal defects of our system in this
state in relation TO this subject, may be reduc-
ed 10 the following:
FIRST. That part at the system which gives
jurisdiction to the county courts. The pow
ers ofthese courts are too many and extensive,
for thf necessary attention TO this subject
Though the Judges IF those courts are the
most respectable and best Informed members
of society; yet the various matters which
come before them. render il impossible in the
limited sessions of their courts, for that strict
and close attention " hich these Offices require.
There is in general, too much hurry and bus
se IN the courts. Executors, administrators
and guardians in these courts, have commits
sioners OF their own choOsing appointed to set
tie their accounts. These settlements are
mostly ex parte not founded on strict Il gal
principles ; returned To court, and without ex-
animation, ordered Ia be recorded not being
final, subject to be surcharg.d and fals6ed in
the superior courts Of chancery, and To be re-
settled.
The second defect is, that there is no positive
or perempt"ry provision in our laws for annual
settlements of the accounts of executors, ad-
mInistratOIs and grardians.-This is great
error. Many very honest persons, who have
acted as executors, administrators, and guar
dams, have by delay of settlements been ruin
ed. Vouchers are lost, evidence dies re-
moves moneyis imperceptibly wasted, and
lnany other evils occur, which would he avoid
I'D Il al.
final.
The third defect is, there is no limitation to
the claims of creditors From this arises
much confasnn, and frequently danger and
ruin Ia executors and administrators. They go
on To pay debts, and after payment of all they
know of, distribute the estate among the heirs
After this, some debt is produced. lis dign-
~ IS greater than some which have been paid.
Suit is instituted "a devastavit is proved. Thr
executor or administrators is c,mpelled 10 pay
o"t of his own pocket, and then To look after
the distributes. some Of whom are reno, ed
or others insolvent. All this might he rene
died by limiting creditors to given time io
produce their claims
The fourth defect is the dignity of the
debts. This principle is morally wrong. There
exists no legal or moral obligation on Il man
when living, Ia pay bond in preference to an
open account: aud why, soon AS he die.
the distinction should he created, camnot Ger
tainy be accounted for on strict principles of
moral justice. There ought 10 be 40 differ
ence in mans debts. Ill ought to be paid
Indeed this principle was once recognized and
acted on by The Legislature. The law which
committed estates nf deceased persons To the
sheriff. required the payment Of all claims.
Pdri paSsu. The court allowed the claims,
and were not bouod by the dignity ofdebts.
This system continued about ten years, till in
the revisioe of 1919. il Was done away by pre-
VISION p'bcing sherifs and administrators, upnn
the common law footing, and allowing them 10
be sued. Why this change was made, have
never known the reason. Certainly no inius-
ice was done by the previous provision.
have known, under this principle of ,ligni-
'y OF hts, estates wholly swallowed up in
costs aud charges.
man dies possessed Of real and personal
estate not sufficient 10 pay his debts, which
exist In the shape of Judgments, bunds, notes
OF hand aud open accounts. Creditors anx-
Ious 10 place their claims on the footing of phi
orny bring s,iits against the executor or admi-
nislratUr For relief he flies TO the court OF
cbancrry. lie makes them all defendants la
ms bill. The Chancellor authorizes them to
get Judgment but restrains them from exc
cullOns. commissioner is directed To exa-
mime and report what debts bind the real or
personal estate. This proceeding occupies
Two or three years; interest and costs are
meanilmt gping on ; decrp,.s are at length
prnn"nnccd and after drductins costs, fees
commissions, the balance, if ANY, of the es-
taie,ls distributed according tn the character
ot the Claims / know an estate in ihis predi-
cament, which cold for near S 10000, and
most of u will he exhausted in this way This
Is literally Boleau's fable Of the two cats.
the Judge and the Oyster. The Court got the
oyster, and the cats shell each.
The fifth defect is, that duties of executors
and nd ninsiraiors are dangerous and highly
responsible. Knowing This, prudent men rarely
engage III tim. IL from friendship To the de-
ceased, or Kindness TO the family, any persUn
engages in those duties, Ending The difficulties.
and feeling his own incapacifv, lawyers are
employed to keep him straight, no for
advice, written opinions and professional SER
vices, generally get good part of the estate.
with this aid, errors are often committed,
which seriously involves personal responsible
lily.
The sixth defect is committing estates to
the sherIffs The acting shrrifTs are generally
young and inexperienced men, who have 6u-
sincss enough without this addition General
iy the most dtspsrdie estates fall TO their share
and those duties, which require great pru-
dence aud experience, are to be performed by
raw deputies, who know nothing about them.
These powers do not pass to- the succeeding
sherifis: bnt are retained by the sheriff whO
was appointed administrator aud he cannot
get clear of IL tll he finally winds il up. A
hurthen not Of his own scekizg is thus saddled
Upon the sheriff for life; producing much
trouble and vexaiion, and no profit This
power Of forcing every sheriff to be 40 admin
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