Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-21


is lie the case OF Ellis Fisher suesa ssl b ~,
properly 70 vest 10 The Lsrs he Dean o. tfe a.
ais estate after lie death q MzrTrst S % protest
and Essri hsbts " defendant, was tsfore ~ al
hfento6 tst hs son shoui sti lie confeu@f r. - ~
/ wiihstandins Margaret IIind'sdeath-
81 is mother The Chancellor deeIeel its share he peor
estate defendant its tr aud next Of ku. We thns
proper We alsJ tns the Chancellor seei risht In a.
eIssia tbs cusdy aud education Of the ehd Valera 10 IL
grand mother ala GaIdnhs The circumstances o. TIE case
record demonstrate the eoTrscess Of he decree branch
q ts case STATE Payne, Hum 5s3 Ksat 49, l94;
Ts chi is frale Of il and unhealthy constitution only
eht years are seen principally By the Erapd
mother shown enineuty nc and able her in
proper and is willing 60 free OF The child
aa tie GRANDMOTHER deYoteay attached Zach other and
defendant, her fher have free
rernd her lie las vile home, ard his
to eueas her limited From these and other c in this
record, cannot hesitate IN awarding to the gandmOhe the
Rs decree Of the ChanoellOr is in all respects Affirmed The
costs VI t court wlte paid BY The defendant. WRisHT
correct copy, J. ?. Clark Clerk
In the matter II J. Il. Davis Es:ats-InsoIgOnt Act
Henry Lester, administrators Of Davis, suggested the
HE estte % January ls and the Clerk the Or
ders upon tire administrator, and adopted The other proceedings
prescribed " ihe Act of lsl9 en- 3 The limit axei for the
ang Of claims the 18th Of July ensuing On the 7h Of
November u tat year The CLERK notified the anistFaor
4aTdy the III sec 70 he schedule q ne edects o. TIE e.
tate by The i2h Of the onth On the 18th The CLERK made
9l issHed an aee0nni . the Assets AMI ds and 9 Fa
pay al tedehts that been fled bat that
godld he "A excess q about oi Cor disiriiauon By The "a
elause Of ,he n s taksn he reported
eV1np Gent 81 esusastian rejection. u WhCh ina,
posn interested iis sltch
eePions 70 sid toqt, 'hink IOges-' By he neat
claAse II said shall - recorded,
referred back for the and corrections, Court
70 which hisascou hal breports, the 9TH
emters eS On she saturday leiore. 4th December HI Gel
tly appe % the Clerk 70 permit hin 10 Gle claims his
hands attorney for W c. Hayden and others
about S2 against the salestae He supported this sPplca.
ton to open the let in those CLAIMS ~ afdaTs
planning the his delay. The CLERK refused
hal passed. and The bar provided IS the 9Th section applied He
appeared coss the Court with the affidavit and ca and op
losi TIE continuation Of The report ami moVe Inst q might be
referred back With ucons, that his claims might flied
AID audited But Tie Court refused and confirmed the report
The question depends upon the construction to m placed uPon
The tcaus II The oh sctn which reads thus " And any
claim not filed before the day hxe f0re appropra-
ton Of The funds o. the made, shall be forever barred
both IN law and Iuiy The day fixed the time limited for
t hns Of claims p July utby the Act, the lar vas not
mule.
Il is argued tina; This the 18th November when the
CLERK made and signed his statement Of account and the
County Court held We think this rigid construction OF
The provision By the Of the 18th section the
not made conclusive the amount due each creditor, until
i Is confirmed and Tecopel. The appropriation" IS
AMOUNT has the force Of judgment, and executions issue
against the administrator favor Of each creditor. The object
states among all the b0 de creditors, without regard the
haractero these debts, whether lue We think
construction Of the would least, let in all creditors, Who
ppy file their claims bete The final action Of the Court upon
he and report Of the Clerk provided, that lie within
years, the creditors live within, and three without the
State from The qualification Of the administrator
con Of The Court there authority to and the
appropriation eeciual could be considered
made II was only statement Of the Clerk preparatory for
reputation It has analogy sale by the Clerk which
not complete until after cond nation The juig nent will b
his opinion. CARUTHFRs 1
a correct copy, J. P. CLARK, Clerk.