The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-14
UNITED STATES SUPREME COURT.

THE FLUCTUATIONS OF WAR ADMINIsTRA-
ToR-AN UNUSUAL DISCRETION SANCTIONED.
WASHINGTON, August Is, 1877.
Ne 2o2. Thomas G. Tate OF al, appellants, vs.. Nor
timer o. Il. Norton, Richard Atkinson and Arthur 1.
Stewart-Appcal IRON tho Circuit Court OF the United
States for the Eastern District Of Arkansas.
A brief statement OF the facts Of this is
sary int gDlc the conclusions at which
have arrived. Joseph W. Clay, OF the Stale ard
county of Arkansas, died intestate in May, 1853 He
lett widow, Sarah G. Clay, since deceased, and three
minor children Joseph W. Clay, also deceased Mary
s. Clay, since married to Thomas G. Tate, and Caro-
line Clay since married TO Raynor W. Whitfield The
tour parties las; named are the appellants.
Thomas Fletcher, the brother OF the widow was ap-
pointed by the Probate Cou. OF the proper county ad-
ministraior of the estate, and qualified such In
July, 1858. Immediately after qualifying lie pos
session OF all The property belonging to tho inetae
the time OF his death. IL consisted OF lands, stock,
farming utensils, slaves aud small amount OF money
the value OF the land at that ime does not appear
The APPRAISERS estimated the other properly at
Sl29 AS o. The slaves were important
hey were inventoricd at Sll3 AGO. leaving tho
balance oil other assets $l6O45 81 The ndebt s.
estate represented by the claims presented and
allowed by The administrator amounted 10 SOB 436 ~
According TO the law Of Arkansas the willow was Gu
the lands OF onc-hrd of the slaves, irrespective OF
the claims of creditors she Was also invested with
property.
ellng liabilities is thus clearly presented II
quircs argument TO show that forced sales by the
administrator 10 pay the debts would have involved
disaster, If not rum, to the family Ut the deceased
the teaching OF all experience. The interstate
had largely engaged IN raising cotton. The
administrator put himself II were
the place OF the deceased. Everything was carried
and conducted before his death. Payments were
made to the WIDOW from tino To Time, tnc children
were supported and educated, the taxes were pa,d,
crops rased the COTTON was sold and the debts
were discharged as last as the circumstances permit
ted
In 1855 the Legislature passed a law whereby the
probate courts were empowered TO authorize admins
traitors To do the administrator in this did
provided that he Time limited Tor the settlement OF
estates which was three years, should not be extended
The Administrator here Claims that he Received such
authority pursuant TO this act. THIS fact
does not appear. But IT does appear that
he made five iull settlements with tho pro.
butte court-the nrst one IN 1900 und the last
in 1870. The accounts are 10 The record. They ex-
hIb,t all his reccp and disbursements and iuy the
manner which lie was discarging the duties OF
trust 1t does not appear iha exception was taken by
behalf vi those concerned, nor mat the probate
court nerposed any check or objection. The admin
istraor made charge Tor compensation amt al
lowed none. By year 1888 ne had paid nearly ali
tho debts Before the late civil began he had paid
them ali out the debt upon which this SUIT founacd
The commencement of The war was The beginning Of
tho troubles OF the trust. The State was battle ueld
Troops on both sucs there. Inc slaves sent
to Texas Tor safety. Tho mules and other nyc stock
were swept away by tue advancing aod reced.
the expenses OF cutivatlng them. Finally the
slaves AS property, wero stricken out Of exist
ence This nvoIvcd loss 10 the estate
according TO the original inventory, oil more than
xlOUOI3 OF the assets. Tho administrator became
wholly unable 10 pay this debt. The answer AYERS
that but for the war hs could by the year 1863 havo
exiting he'd this dcmanu also and have then handeo
the heirs large and unencumberod estate Tor
distribution among tncm. The record shows that
tins over sanguinc CALCULATION. me
calamity was unforeseen and one Tor when
the administrator WAS not responslole. Inc calm
sought TO DO collected by this proceeding VAS an ac-
count due from the intcstato 10 sweeney, Greene "
Co. They became jnsolvent and assigned IL 10 Hewitt
Norton IL Co. They also became IDsolvent and as
signed II to the creditors for whose bcneDt this SUIT
was instituted Tho object oil tho Dill Is 10 subject tio
lands OF the tncstatc the payment oil the debt IL
If aIlegea that all the other assets have been ex-
hausted
1t appears IN this connection that alter the Claim
assigned to Hewitt Co they became tho FACTORS
OF the administrator for tho sale OF tho cotton when
he should RAISE, ana furnished him with money ana
supplies carry the business in which ne was en-
gagged for the benefit Of the estae II was agreed sha