The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-06-26
L. II. CLoPToN, admir-, I
VS.. 7
r. HAUGHToN, Jr. ct al. J

Il. II. CLoPToN, admir-,
VS..
II. HAUGHToN, Jr. ct III.
Appeal from the Chanccry Court OF
Monroe county, Hon. l.. Haughton, Chan
cellor.
Sundry creditors of JAS. Ii. HaughtOn,
decease, having reduced their demands to
judgments against his executor, filed this
bill in chanceiy, representing that said
executor, w. IL. Clopton, though he had
baen appointed and acting as such for more
than ten years, and though he had collected
and then held in his hands assets and
money of the estate, he failed and refused
to pay off the debts; that he had mingled
the money of the estate with his own and
failed to make final or even partial set
Element of his accounts with the Conrt.
The prayer was that he be cited to show
cause why he should not make a final set
Element, and if such settlement was found
impracticable, that he should be required
to pay off complainants debts, OF so much
thereof as they might be found entitled to
out of the money on hand.
By an amended bill there was added
charge that the executor had converted
the assets to his own use, and prayer for
personal decree against him as as upon
deUaStaoit. 1t was objected by demurrer
that the bill is not maintainable except as
an application to compel the filing of an
annual account, since no final settlement
can be made until all debts are paid, and
the bill shows that this has not been done,
nor is there any process except through
an administrator can be compelled to make
pro rata distribution to creditors.
Murphy, Sykes & Brstow for appellant.
Houston Il Reynolds fer appellees.
CHALMERS, j.,
He1d-
1. Under our old course of probate pro-
ceedings, and even under our present
chancery system, independently of 2976 of
the Code of 1871, the objections would be
fatal to the bill, except in so far as it seeks
the production of an annual account, but
that section greatly broadens the power of
the Court, even while exercising its pro- |
bate jurisdiction and confers upon it in
the discharge of that jurisdiction the right
to exercise in furtherence of the object
pointed out by the section the multlfOrm |
and elastic remedies of a court of equity.
2. Thr object of the statute is to author
lie creditors as well as heirs and dstrib-
utees, to invoke the Jurisdiction of the
court to hear and determine their demands
against the custodians of the estates of
1ecedents in order that due performance
IF their trusts may be inforced by remedies
to the varying eXigencies of
the case.
3. The demurrer was properly ovarruled.
If upon final hearing when the executor
shall have filed his final account with full
statement of the condition of the estate
both as to debts and assets it will be
within the power of the court to grant the
'elief prayed for, care being taken so to
shape its DEGREES and orders as to protect
he interests of heirs and legatees as well
Us of those creditors who are not here
oined 1t is within the authority con-
erred by the statute upon the Chancery
Court to establish a deUdStaUit and to
'ender personal decree against the
and his sureties.
4. The executor died after the bill was
lied and the cause was revived against
lis administrator. 1t is insisted that this
vas erroneous and that it should have been
evived against the successor of the eXecu-
or, t0wit the administrator d. b. n. G. +. a.
If James Haughton. 1t was necessary to
eVive against the administrator of the
Xecutor in order to procure the filing of
he account as we'll as to obtain the final
ecree.if the deUastdUit should be estab-
shed. 1t may be necessary also to join
he administrator d. b. n. C. 3. d. of Haugh-
on, if the assets of the estate have gone
nto his hands.
Affirmed with leave to answer. I