The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1860-05-23


I ceptsd.
Tie question is thus presented, whether
| an executor or administrator is compe-
tent witness to testify in his own behalf
! and establish his own account against the
| estate of the deceased, within the proyis-
| ions Of the statute-Rev. Code SO. Art.
| 800
| The prcvisO to that act is, ''that no per
| son shall be witness in any suit by or
| against himself, to establish his own claim
I To an amount exceeding fifty dollars
! against the estate Of deceased person"
In the first place, the account of an ex-
! ecutor OF administrator, propounded for
| settlement in the Court OF Probates is 10
! be regarded as "a suit. . within the mean
| ing Of the statute. 1t is a proceeding
| constituted of parties-the executor on
| the one part, claiming allowance of his
| claims against the estate consisting of his
! account; and, the distributes who have
| to be made parties by notice. It is the
| subject matter of exceptions, it has to be
! sustained by evidence, and the Judgment
Is the subject matter OF appeal to this
! court as IN cases of other suits in that
| court
In the next place, it appears fully to
| answer the designation of 'claim against
| the estate of a deceased person" Ii re-
| quires proof to establish il, and is to be
paid or allowed out of the estate in the
| same manner as the claim of any creditor
Of the deceased must be proved against
the estate. II appears, therefore, 20 come
! fully within the spirit, if indeed not with
| in the letter, of the statute.
But it is urged that the object of the
| proviso was to prevent creditors from es-
Oh Ia,ty ,I.,r,,l
| ed person, because. by reason of the death
| Of the debtor, it would be difficult to dis
| prove the testimony of the creditor in
| support of his claim, and thus that great
\ wrong might be done to deceased persons
| estates, by establishing by er parte testi-
! mOny, unjust and unfounded claims
against them; and that this reason does
| not exist in the settlement of executors
| or administrators account. inasmuch as
| the distributes are always summoned to
J contest them, and have an opportunity to
J require full proof of them.
| This view Is more plausible than true.
| 1t j. true. the distributes may have the
| opportunity to demand full proof of the
| items in an executors account, and to
! -Crutinize its correctness by cross cxami-
| nation or otherwise; but they cannot be
| presumed to be personally cognizant OF
tilt IltI AlNAldlN ttlilltNlCAA Win TIC lltlllH
! in the account. They would scarcely
! even be parties to them or participants 10
| them. For the most part such transac-
tons must be carried on without their
| knowledge, and consequently without any
ability on their part to rebut any of the
| statements or circumstances attending
| them uuon which the claims are founded.
| They must indeed be strangers to those
facts. They stand in the same attitude to
them that 0le executor would occupy in
relation to the claim Of a creditor upon a
contract alleged TO have been made with
the testator, in which case 1t is plain that
the creditor is incompetent as a witness to
establish his claim. The same principle
is applicable to the claim of the executor
as against the distributes and we think
il clear that he comes within the prOhibi-
ton Of the pvoviso of the statute.
The spirit of the statute plainly rem
ders him incompetent; for it never could
have been the intention of the Legisla-
ture to allow the dangerous power to ex-
ecutors and administrators, who deal al
most entirely with distributes and credi-
tors who have but little or no knowledge
Of their private acts in the management of
estates, TO establish by their own testimo-
! ny their accounts against estates commit
ted TO them, such a privilege would open
"a wide door TO fraud and imposition upon
the rights Of the ignorant and helpless,
| whose interests are committed to the
hands of such persons and if the statute
means anything, it must be fully applica-
bic to them.
The testimony of the executor was,
therefore, improperly admitted
Let the judgment be reversed and the
I ID hos
HANDY.
The PRESIDENT AND THE PREss-Fhe
editorial excursionists from the Western
States waited upon President Buchanan
on Monday of last week Mr.. Mitchell Of
the st. Louis Eeyening Nezcs, addressed
him in behalf of the fraternity, and Mr.
Buchanan replied As follows:
SIR: | am most happy to greet YOU
and this large aesemblage of the gentle
men of the Press. especially a. YOU are ac-
companied by so many ladies. who never
come 10 trouble me, but always to cheer
and delight me. Applause. give you
a hearty welcome to this house
You have been pleased to call it pal
ace" but it is indeed. the house of the
people, and the President is only the SER
1 / want of tho people, but h. T. the -crvapt
!. of no other power upon earth. Loud
. | applause. The President is elected BIZ The
! people Of he limited .Sta'eg the Senator's are
, chosen b. he Ls0jslat,resDf he States Of his
Union, and The members of The House Of Rep
res-ntatrcs By the people Of those screrai States,
bit me President IS elected BE- the sckolc people
Of tS United States, and 10 them atone is he re-
I 5D1psijie. pHjsr the Constitution. Prolonged
Il, L:
Just constitutional rights come from what
ever quarter it may, is. therefore an en-
croachment upon the Just rights of the
| people themselves. Repeated burts Of
| applause.
The duties of the President are severe
and incessant. ] shall soon retire from
them; and if my successor shall be a.
happy on coming in as | am in going out.
he will be one Of the happiest men in
the world. Laughter. 1t is remarka-
bic, however, that, Notwithstanding the
tolls and troubles of the Presidential Of
fee, there are plenty of distinguished
gentlemen ready enough to come in, and
I representing all the different isms known
: TO the country. Laughter. Neverthe-
less | am confident that the prevailing
ism will be the wish Of the American PEG,
- pie to preserve and cherish the Constitu.
ton as it is, and the Union. Loud ap.
plause. Ny life, in the course OF nature
cannot be long; but should not desire
: TO draw a single breath beyond the exist
= ence of this our beloved Union. deer
sensation and silence.
am much pleased to see this meeting
- Of 50 many OF the editorial fraternity. Ii
/, can scarcely fail to be salutarv to YOUR
selves in many respects: and among it.
beneficial effects. it will doubtless tend tc
: ! relieve your mutual relations and discus
, slons of that needless asperitv which has
sometimes characterized the Press. While
: YOU are free bold and firm in expressing
your convictions and maintaining Won
!, principles, there is surely no necessity fol
= acrimonious assaults upon those to whom
Z you are opposed. In connection with thi
= point. / am reminded of an anecdott
I which perhaps | ought not to relate
Cries Of Tell it, Sir While | wa.
I Minister to England a distinguished no
= bleman once said to me: Mr. Buchan
I, an, if ! were to judge from your newspa
" pers. | should infer that the different can
didates for the Presidency We're the great
est rascals in America" Laughter anC
!, cheers. | replied that lit did look so
:, but, in reality, it was only a iray zee had o
/" talking about each other at election times
Hearty laughter and applause.
The President concluded by expressing
again a cordial welcome TO his visitors. anC
\ a wish to take each Of them by the hand
= The ladies and gentlemen were then sew
: erlly presented, and many pleasant word
:, of kindness and good humor were inter
: changed. This interview was UNIVERSAL,
:, pronounced to be one of the most agreea
" BILE incidents of the excursion; and tn,
y ladies especially were earnest and fuen
!, in their praises of the affability and cour
- - tesy of Mr. Buchanan.
le From Arazonia.
N ST. LorIs. May lG.-The overland Pom,
N express. which arrived at ST. Joseph. YES
lc terday. brings further news from Arizoni,
lie and the Indian border
n 4 company of mounted Rangers wa,
being organized in the Meslla for The
rs purpose Of taking the field against tn,
Is Apaches.
$ 1t is said that Gov. Owings will com
r. mand the Rangers in person.
e The Arizona correspondent of the st
IS Louis Republican says that instruction
At have been received at Fort Buchanan
lie from the War Department, directing tn,
lie letting of all contracts for army supplies
At amounting in value TO nearly S750,000, t,
lie certain iavorite parties, without waiting
)t for bids from outsiders.
$ The surrounding country is represented
N to be rapidly improving. The people wer,
d also gaining more confidence from tn,
; rapid disappearance Of thieves and muir