Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-11-10

Opinions IS tho supreme court OF rho state
Of Tenuassees Delivered st E<noxvlIIes as
September Term, 1883.

Opinions IS the supreme court OF rho state
Of Tenuessees delivered al Exnoxvllies at
September Terms 1855.
Eode5rsys. Clsrk's heirs.
The complainant is administrator of che estate 81
Merry Ann CLARK, decessed SAID mary ann died
during her minority. fntesaie. end without issue,
never having been married. ard leaving neither 70
Their or mother brother oF sister, or the issue Of
such. but hsving collateral relations both % the
usfernal and mafernal side The estate Of the in
testate consisted chiefly q lena derived from her
father. By proceeding II the Chaucery Court Of
Kpor in 1874 iustituied By the guardian, the laad
vas sold and the proceeds paid over 10 the complain
ant as administrator. No appropriation or invest
ment Of the funds, arising from the sale Of the
land, having been inside D. the Court in decreeing
the sale. Ia this stae CT the case The c0mpainant
brought this bill 70 obtan he direction Of the Chan
cellor, as 70 who are By law ehtl.ea to TIE above
mentioned fund bis hands whether those r pre-
sentng the real e. the repres rntatlVes OF The
personal estate Of me inteslate. The Chancellor
decreed The fuuduo the latter BY the act Of 1877,
Oh. 81, sec. g. Il is deefeed to be the dniy OF
the Court decreeiDg the sale Of lands, under he
provisions Of that. aesi in case any Of the Eef-
sons whose land is sold are minors 30 dire me
manuer il Bhich be funds arising 7therefrom, be-
long nR 10 such minors shall be appreciated" and II
the Court should deem IL expedient may direct that
the fund "be laid out in The purchase OF other
lands for said minors" The land, in TIE present
instance. Was sofa s. Is alltEtus AAANl rAN Nf-1
ions Of the oct Of 1927 butthe deeIea made no PRO
vision for re investing the fund; nor any disposition
whatever IN regard to it, Il is left in the discretion
Of The Chancellor. we have seens TO- make sueh
disposition Of the proceeds Of The minors lints hs
shall seem most beneficial rtiea. lie mBy direct
the money to be lad out in olher lands or he may
suffer il TO retain the Character Of pe1s9Daiy az
require to be loaned, aunually, upon soticent s-
eurity or to be Otherwise seloiy vested, during the
infants minority The omission of The Court. how
ever make any provision in regard to the appro-
priaiion Of the money, cannot as We suppose, nave
any influence upon the determination Of the ques'
ton before
The sale OF tn Hand, If 3 proper case we're made
within the act Of 1922, prQPrio ggoTe an ALSO
Lutte conversion Notwithstanding the neglect OF the
Court 10 proyide forthe appropriation ef thsfund
The proceeds Of the land therehy became impressed
with the character Of PERSONAL " and the Court hay
ing failed 70 stamp &c with different character, by
directing its investment in oher real estate, il must
under the circumstances Of this csse, remain lrans
missible under the statute Of distributions 10 those
who are entitled 10 itin the former character Tit
auihoriifs cited by the defendants counsel are mo-
applicable TO this case. u IS true that Court o
Chaucery cannot, by its original inherent JUrisdic
ton change the nature of infants estate, 50 as
convert real property into personal as We have re
Gently held But this may be done under the act o
1927 in The mode and Ito the extent therein provided
Nor IS this case where the infant is entitled to
day. sitter attaining the age Of twenty one to show
cause against The decree or 20 elect whether or no
he will be bound by the decree As before observed
the sale if regular and within the provisions OF tn
statute is conversion out and out of the real prep
eIty into personal; and infants ere as much bout'
by it as Rdults with this Qualification, that, ate
coming Of ags, the former may lmpeach 1t Tor erro
apparent he fce Of he decIe perhaps for fraud
See MscpbersOn On Infants, Oh % There IS II
error in The decree Of the Chancellor, and It will b
All med. MCkiNNEY.