Evening journal., 1894-05-10
CHANCELLOR'S DECISION
Administrator Leach Did Not
Go to Court With Clean Hands.
CONSTITUTIONAL REQUIREMENTS
He Cannot Plead tho Statute Of LimI-
tation because He Failed to Give the
Notice RequIred-Tho Decision Anects
Many Other Accounts.

tation because He Failed to Give the
Notice Required-The Decision Anects
Many Other Accounts.
Chancellor Woloott, sitting In Orphans
Court this afternoon, rendered decision,
the effect Of which will be, II he Is sus-
tanned by the Superior Court, to upset
the practice that has been in vogue here
for over hfty years 10 was In the case OF
Allen ct al, vs. james Leach. admins
TRAITOR, d. b n, c. A.. Of the estate Of
William Allen j. Harvey Whiteman
aud Robert g. Harman were counsel for
Allen ct al and Senator Higgins aud
Philip . Churchman for the admins
traitor
The devisees and legateos Of Allen ex-
cept to the accounts OF Leach. The
amount involved is about 500 with in.
terest for many years.
There were two accounts passed In the
| registers office The first one showed
an unsppropriated balance OF $59i 90,
and the second balance Of $5l 81. In
the frst account the administrator bad
a credit Of $7l15 as commissions, and In
the second account credit Of $36 40 as
commissions. In the second account the
administrators fomitted TO charge himself
with the unapproprlated balance shown
by his first account The exceptions
went to the neglect Of the ad
ministrator TO charged himself, In
the second account with the
balance shown by the drst account.
| They also excepted the commissions
because Of the violation OF his duty as
administrator, as we'll as to two small
| lffar,au ~ rfE aud an 90 ..kf.I ...... Il.
plicated In the second account
None Of this money was ever paid to
the parties entitled 10 it The time for
the distribution Of the money was when
the youngest son, James Allen, ar
rived at his majority, which
was August II, 1871. At the time
of the settlement Of the admins rator' s
frst account the money was Distribute
0le and payable The money which the
administrator had In his hands belonging
to the Allen estate, he deposited
in his individual name with Nc
Lear & Son, private bankers, who
failed IN September, 1878, and who were
subsequently declared bankrupt.
Leach, In his own name, received as divi.
dends from the assignee in bankruptcy,
$l31 &C.
Leach pleaded as a defense the loss Of
this money through those private
bankers, and claimed that he was not
responsible The exceptants replied
that he had no right TO 60
deposit the money, and that he
should have distributed 70 imme
diately upon the passage of thl
first account as the attainment Of th,
youngest son TO his majority was the
time fixed In the will for the distribu
tion OF the estate Leach also pleaded
the statute Of limitation, which is three
years.
The exceptauts conteuded that the
statute of limitation did not apply
because the'Constitution required that AZ
executor, administrator or guardian,
within three months after the set
tlement of each account, should
give written notice Of such account
80 lodged ia the registers ofic,
for inspection This duty 10 WAS ad
mitted the administrator did not per
form. For that reason he could not
avail himself Of the privilege conferred
by the statute
The chancellor decided that Leach
could not plead the statute Of Limitation
successfully, because he did not give tn,
notice required by the Constitution On,
sentence Of the decision was as follows
"The hands OF the executor IN this cas-,
ara snything but clean
II has not been customary 10 give thil
notice Under this decision executors
administrators and guardians who hav,
passed accounts in the registeri
Office IN any Of the counties o.
this state and not given notice, maj
have their accounts still excepted to
although a longer period than threl
years may have elapsed since the settle
ment Of suoa accounts. 10 is supposed
that the case will be appealed 20 the
Superior Court
George Lodge was appointed -trustel
Of Esther Ann. Paynter, in lieu Of Lo
| Gland deeaasod