Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-27

MS name In suing II suit we're necessary 10
recover on bond or any evidence of deb,
when was the subject OK the suit. But in
tnls case 20 such question arises.
THE PERSONAL PROPERTY.
The property IA In the possesslon Of the
curators. see no reason why II should not
De transferred by them to the administrator.
The property which Il said to be the subject
OF the Gift Is fully identified and set forth IN
Exhibt r, and the administrator Gao be
made to account for It rs fully as u II had
been 10 the hands o' receiver. There Il
no charge that he Is unfit for his Office or
that his securities are insufficient. lie Is
before the Court ss party defendant. lie
can be required TO administer the estate un-
der The supervision OF the Court.
RIGHTS OF THE DoNRE.
The rights and remedies of the donee can
be asserted against him rs fully and as effec-
tualiy as tbey could be were the property In
the bands OF receiver. For so far as the
rights OF the donee are involved, the admin.
istrator Is - fully under the control Of tbs
Court and IS much bound by ITS decrees as
receiver would be.
LIABILITY or ADMINISTRATORS sURETTEs.
1t is argued, however. by plaintiffs coun-
sci that As the property, which is the subject
OF the alleged gifts, constitutes no part of the
estate OF the decedent. the sureties Of the ad-
miuiStrat0r would not be liable In case OF de.
fault. But | am clearly Of opinion that the
position OF counsel Is untenable. have
shown upon authority that for the pur.
pose ana TO the extent / have indicated
above the property in question does constl.
tute q part Oi the iptestate's estate. The ad-
mlnistrator will take II and administer If az
assets Of the estate, and he and bis surcties
will be liable TO account for Il. II in the
progress OF the cause q decree be made in
favor Of creditor, a distributor or the
plaintiff ne donee, and # the administrator,
having assets IN his hands. shalt make de-
fault IN It's payment, he and bis sureiies will
he liable On his Official bond. l Lomax
ExeIs., top page 32j.
DESTRUCTION.
After the payment OF expenses OF admin.
istratiOn and debts 1t Is the duty Of the ad-
ministratOr to make distribution OF the resi-
due of the estate in his hands; and IL the
COuc, in the exercise OF its authority COM
pels him, as Il NAY do, 10 carry into effect
the intentions o! the donor in favor OF the
douee, that would only be mode OF distri-
button which II would be the Oicia
duty OF The administrator in the rcgu-
lar discharge OF bis Office to make
aud so creditor, distributor, and 2
donee stand on the same common footing
that the decision OF the Court on the ques'
tlOn Of the appointment OF receiver might
indicate an expression OF opinion on ihe
merits OF the case.
TIE GEEAT ISSUE.
al deem Il proper 10 add that the question
Of the validity or invaidity Of the gift In
question Is an open aud undecided one, and
that nothing contained In the foregoing
opinion is intended or is to be construed In
any way or 20 any extent as indicating any
opinion on the merits OF the case. The only
question decided by the Court was on The
appointment OF q receiver"
ADDITIONAL COUNSEL.
Colonel w. w. Gordon and Hon. T.. G.
Burks, late Of the Court OF Appeals, bave
been associated with the counsel for Bettit
Lewis. A consultation OF counsel for Bette
Lewis was held at The Office Of Hon. George
l.. Christian last night, and some new pro-
ceedings were determined upon, but the na'
ture OF them was not given TO the press.