The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-16

man Of integrity and character, 10 obtain
| important advantages for the estate he rep.
resents, and where he has induced creditors,
| by his representations and promises Of pay
ment, to abstain from subjecting the estate
10 the costs of legal proceedings, he ought
not to DO required to violate his engage
ments, and to repudiate liabilities which he
knows to be honest aud inst. We are there
fore ofopinion that the Court erred in sus-
tanning the foregoing exceptions, and that
the accountant ought to have been allowed
the. several sums above stated
We will proceed to notice few Of the err
rors complained Of, depending on different
| questions.
Exception "a to item 80, Of the original ac-
count for sos, 30, was sustained as to the
whole item except $40, The testimony of
Mr.. Cassidy shows that two items COM
posing parts of this voucher-to-wit: $34, 90
paid II. Cassidy and Cassidy and Holloway,
aud $25 paid on claim Of Magee, Kneass,
g. Co., were correct, and were paid by tie
executor. These two sums Of $34 aud $25
ought therefore TO have been allowed In ad-
dition to the go already allowed.
Exception ~ to item Al for $l36, 80, paid
W. X. Henry was sustained except as to
$685.. The record shows that Henry had o
probated claim against the estaI for about
$l5l. The receipt of Henry TO Stewart, Is
filed rs voucher, dated Oct. 25, 1645, for
$l3S,39 on account of estate of Wiley Wells.
IL is plain that this item ought to have been
allowed for the whole amount, instead of
$685. and that the execution was improper
ly sustained. #i
Exception SO to item SO for $l75 paid w.
Porter for the hire of two slaves for the year
lS45. 1t appears that the testator hired
these slaves for the year 1874; that Stewart
knx.
and carried ON the plantation for two years
and furnished supplies for the plantation
and for the family of testatOr; that he hired
these slaves of Porter at the price stated,
| worked them on the place, paid the hire,
and accounted for the crops. Under these
circumstances we have no doubt that he 10
entitled to be allowed in his account, for
| the money so paid. As the estate had the
benefit of the labor of these slaves, it is no
more than just that their hire should be
paid BY it, qui centit consnodanl, sentiTe debet
| Ell Onns
But we observe, though onr attention has
not been particularly called to it, that by the
| will of the testatOr, the plantation, slaves,
stock, &c, were devised to his widow for
her life, or during widowhood, and that the
proceeds of this property not required for
| the payment of debts, belonged to her. She
has not excepted to the account, but ac-
quiesces in it, The exceptant is one of the
children of testator who took no beneficial
interest In the property until after the death
or marriage of the widow. 1t appears in.
deed that, at the time of the trial of this
cause, in the court below, she was again a
married woman, but the date of her second
marriage is not shown. We are, therefore
unable to perceive that the exceptant has
any interest in the subject matter of this
/ exCentiOn which wa think was erronaouRlv
sustained,
| 1t is not necessary to notice in detail the
other errors assigned. We have examined
them carefully, and are satisfied that in re-
gard to the other exceptions sustained, the
decision of the court below was correct.
| They involve no questions of interest, but
turn mainly on matters of fact, regarding
the evidence of the claims, and the proof OF
their payment by the executor.
For the errors we have particularly point
ed out, the decree of the court below will be
reversed, and the cause remanded for re
statement of the account in conformity with
this opinion.