, 1874-06-05
and tl,at Of tho respondents will 10 within fpw
dayR. Tho eaao will DO doclded On tie petition,
nnbtyor and demurrer.
Tile SPENCE CASE.

TIE SPENCE CASE.
yvhut Lcnuth Of rimo Rnrs Orcititors'
| Claims Against nn ENtttG.
| +. 1t1BroRY or THE oAst..
An important question cnmo MP yoatorday bo-
fore fudge Wallace. in tho Spence estate, whore
thcro Ii larBo fund In tho hands Of tho admn-
iatrator, which In olailnod by both crolltora and
| hotrH.
James Spence diod In 1883, loaving tl,roo Hfs-
tors, his l,elrs, md many creditors, but small
asaots. William II. Larrabeo wns duly appointed
administrator, collootod what monoy ho could,
sold the property, pnid small dividend, and tho
| oHtAto was considered closed In t841. Tho olanH
OF tho creditors, amounting to eomo e15, 600 or
520,O00,. woro presented to tho Probate Court
anu allowed during th6 yonrB 1880 md 1871.
Tloro being no further asBotB, nor any now
claims. nobody imagined tint anything furthor
! would bodoDo, Until 1866, Airs. johnson, sponco's
Bistor, discovered d clalm against ". D. ogdon,
aud consulted counsel In regard to prosecuting
! IT, Being advised shat the claim was valid, but
that 1t must bo prosecuted in tho namo Of tho
administrator, she obtninod pormfsson to Use
| Ills nRmo in furnishing bond to Baye him harm
1oss from oosta 4 bill In equity WIS thon filod
iNg nearly eight years, ana three hearings In tho
Supreme Court, flnal Judgment was obtained and
| collected, and tic proceeds, amounting to ovcr
Sl2. 900: arc now IN tho hands OF tho aduiniatra-
tor for distribution. 1T.
ponding tho lNigaton. Elder 3. NJ. Boring
had procured mn assignment of most OF tho
creditors cnins to two OF tho charitable lnBti-
tntions Of this city: and now hIcn petition ask-
| Ing that the administrator bo directed to pay
thoso claims from tho fund In bis hands.
". J. Culver, Of McCagg j. Culver, for tho
petitioner, argued that, ne tho estate had
beon insolvont, the creditors had horotoforo had
k1ank
administrator now lad funds ho should pny
! them.
Josiah II. Dissel1, for tho administrator argued
That tho c!ains wero donhly harred; a.se. by tho
by tho 1aches and abandonment Of tho roBpoct.
i've creditors; tho claims, on being presented to,
and allowed BY, tho Probate Court, bocame
Judgments, and wore barrod by tho statute In
twcnty yeara Tho decisions Of the supromo
Court Of this State clonr1y indicated TINT claims
against On estate were not immortal, but TINT
tho statutes Of limitation ran against them.
| Tho administrator was not Trustee for tho
againat tho cstnto which could bo enforoed in the
naunor and during tho timo allowed by law, mud
not otherwise. The estate passed to tho heirs,
subject to tho rights Of creditors, as n sort Of
WIS barrod, or becnmc atale, tho hoirB had tho
estate FREQ from their claims.
In this case, hIr. Bissoll olnimod that tho
special facts shown constituted strong addi-
not be allowed, tho fund in Court having boen
ron}izod Holc}Y through tho efforts Of tho
h9rn ai!. IN md H., thor counsel who had alone
could ever have been possibly reaslzod.
And now. when suit had proved successful, 1t
would bo unjust and inoquitablo to allow them
lo ooi'e IN "no '"no .,', ~. .no procooas.
| TIE DECISION.
Tho following lis tho decision Of Judge Wallace
In full; ~
na '' Il wIc,har thS udmnsirator H. sTs Trns
leo for Tho heirs o. for tho creditors I
hk ~ h Snceo w aSpho tOt m INA . eors enc
o'ler ~ Judgment 1T iaw Thou how il an admnisratoF
so a. h 5 st ss s M t ~ e. gss Es sss e % as to Fs s
10 liz leoai y uD,ect to gums
~ 'no 'e4' ~ 'A0 0"N'o
t1s to tho property, f. II ths ,",
trinuaes. wboayer they NAV c ho hois te tit|e Of
ho propsrty Subject to the lou Of tho creditors no
s M IL trs o. slS ~ hes M m i s 5 ers Ere
nat not ai!tre!a i 70 Tbs hers nu Ills !Is' Il is
e ssas,s @ III ssya ta a L w. ss IL ss. s
h' n M s tia 1s G @ s pe os I nr s
icirs tn tif1a Of Tia nersoual nronertv subtert to
aea o ths sfedtor' % not ss ano% ,s wat
1vrs oraon 81 co oui1on rcoso hat On aamnstrstor y
n Tr,,stcn IN tbe nrd{nar.r scnAe of tic frrm
ha cr~iItora I,,ve ut i'm 1,nnn thn nrnnnrtv mi
they ca nniy mike IT Their prnrery by purclaso Of
satisfaction OF the llcus, without my transfer or any
aetion tnhen by TUG except to ascargo
he neh eahno. ace ~ mnas ~ rigw ae ~ @
sha Hp',g sreoru ~ ~ 's ""'' 'D'' -
Now. If iii is TO- geo nothing In tho different
cases tla lnilitnto aganst this except tho case in al
Pickering There tho ain,.fs Ta.rix q tho hclrs
pronecutsl tno claim against ths sransh Government
III her ofnfal calafi!} anti CT course ho "as hopie
GAINING a H. Ind apn ILL., ,nay ~ hay Sya un ~ yan o
mnt own H. YoM hayo no imtorcyt In II: You l.syo YOUR
Iien upon it, nut; your Judgment must be satisfied
yo, do not hold tho property. ! cannot understand
have not been ablc from oil this arglnont to aee-
h9 n osMss M TIT a hann ag can mea no sa m M u.s.