Butler v. Lawson

• Decision Date: 31 October 1880
• Citation: 72 Mo. 227
• Parties: BUTLER et al., Appellants, v. LAWSON.
• Court: Missouri Supreme Court

72 Mo. 227

BUTLER et al., Appellants,

v.LAWSON.

Supreme Court of Missouri.

October Term, 1880.

Appeal from Linn Circuit Court.--HON. G. D. BURGESS, Judge.

REVERSED.

This action was brought by Butler and Henry as administrators of the estates of Mary Tillett, John M. Hall and Nathan Hall, all deceased, against James J. Lawson, administrator of the estate of Spence H. Gregory, deceased, Mildred L. Lawson and her husband, James J. Lawson, Emma Jennings and her husband, James T. Jennings, Robert Gudgel, Spence Gudgel, Julian Gudgel and Elizabeth Gregory, widow of Spence H. Gregory, deceased.

The petition stated that Jehu Hall departed this life intestate, in the county of Currituck, and state of North Carolina, sometime about the year 1813, leaving Lovey Hall, his widow, and three children, issue of his marriage with said Lovey, to-wit: Mary Hall, John M. Hall and Nathan Hall; that at the time of the death of the said Jehu Hall, the said Mary Hall was about three years old, the said John M. Hall was about two years old, and the said Nathan Hall was about one year old; that soon after the death of the said Jehu Hall, his widow, Lovey Hall, was appointed administratrix of his estate by the proper court, having probate jurisdiction within and for the said county of Currituck, in the state of North Carolina; that she qualified, gave bond and entered upon the discharge of her duties as such administratrix, and so continued to act until about the year 1814, when she was married to Spence H. Gregory; that upon her marriage with the said Gregory, the said Lovey ceased to be administratrix of the estate of the said Jehu Hall, deceased, and thereupon, her husband, Spence H. Gregory, succeeded her in the administration of said estate, as the administrator thereof; that he was duly appointed as such administrator by the proper court having probate jurisdiction, in the said county of Currituck, to-wit: the court of pleas and quarter sessions; that he duly qualified, gave bond and entered upon the discharge of his duties as such administrator; that as such administrator he immediately took in charge and assumed control of all and singular, the personal, chattel, mixed and real property belonging to the estate of Jehu Hall, deceased, and proceeded to administer the same.

That the said estate of Jehu Hall, deceased, was at the time said Gregory became administrator thereof, very valuable, consisting of a large quantity of land, negroes, money, shipping, choses in action, bills, notes, accounts and other personal effects and evidences of debt, and amounting in the aggregate to about the sum of $100,000; that the said Gregory, as administrator aforesaid, proceeded to collect the debts due said estate, sold the real estate and the personal property (except about forty slaves), and converted the same into money; that he held and used said money, with said slaves, up to the year 1833, when he removed with his family to Livingston county, Missouri; that he never filed any inventory of said estate, nor did he ever make any settlement thereof, final or otherwise, in the proper court of probate jurisdiction within and for the said county of Currituck, and state of North Carolina, from the time he became such administrator to the date of his said removal to the State of Missouri.

And plaintiffs further aver the fact to be that the said Gregory, clandestinely, secretly and fraudulently removed the said slaves, as well as the money and other personal property belonging to said estate, including the estates of John M. Hall and Nathan Hall, deceased, out of the county of Currituck foresaid, and out of the state of North Carolina, and brought the same to Livingston county, Missouri, in the year 1833; when and where he located, and where he continued to reside from the year 1833, to the time of his death in the month of September, 1871; that the said Gregory, on removing to Missouri, invested a large part of the money so belonging to said estates in lands in the State of Missouri, and held the title thereto in his own name, at the time of his death aforesaid; that the lands of which said Gregory died seized are described as follows, to-wit: (Here follows a description of the tracts.)

That said lands were acquired by said Gregory at cheap rates; a great portion thereof having been purchased by him from the government of the United States, at the price of $1.25 per acre; and that said lands had become very valuable at the time of his death, caused by the increase of population in said counties, the construction of railroads through the same and other causes; that on making the investment in said lands, the said Gregory had still remaining on hand a large amount of money belonging to the said estate of Jehu Hall, John M. Hall and Nathan Hall, deceased, which he loaned and kept loaned out at interest, up to the day of his death aforesaid; that when he died he had, on dep sit in the Peoples' Savings Bank, in Chillicothe, the sum of $18,173.57, besides paid up stock in said bank amounting to the sum of $5,000; that in addition thereto he had also a large amount of notes, on good and solvent men and well secured by real estate, amounting in all to the sum of $40,000; besides other personal effects amounting to the further sum of $2,000; that said real estate was, at the time of his death, and is now, reasonably worth and of the value of about $135,000, and all making the value of his entire estate, of which he died seized and possessed, amount to something over the sum of $200,000; that the said slaves so brought by said Gregory to Livingston county, were of the value of $20,000, and by natural increase, labo and hire up to the time of the abolition of slavery, they contributed largely to swell the value and amount of the estate of said Gregory at the time of his death aforesaid; and all the property aforesaid of which said Gregory died seized was the trust property or proceeds thereof so coming into his hands as aforesaid.

Plaintiffs further state that the said Mary Hall, daughter and heir at law of Jehu Hall, deceased, was married to Isaac Tillett, in Currituck county, North Carolina, sometime in the year 1826, and was at the time of her said marriage only about fifteen years of age--an infant under the age of majority; that the said Mary Tillett continued to reside in said county of Currituck till she departed this life in the year 1837, and that the said Isaac Tillett also continued to reside in said county and state till he died in the year 1850; that there were born of said marriage between Mary Hall and Isaac Tillett three children, to-wit: Mary H. Tillett, Isaac N. Tillett and Durant H. Tillett; that the said Mary H. Tillett was born February 20th, 1829, and was married in Currituck county to Alfred Ramsaur on the 4th day of November, 1861; that said Alfred Ramsaur departed this life in the year 1863, leaving his widow, Mary H. Ramsaur, and an only child, who still survive him; that the said Mary H. Ramsaur has always been, and still is, a resident of the state of North Carolina; that the said Isaac N. Tillett is a resident of the state of North Carolina, and has ever been; that the said Durant H. Tillett was married in said Currituck county, where he continued to reside up to the time of his death, in the year 1867, leaving as his children and heirs at law the following named persons, to-wit: Gideon, Sophia, Samuel and Archie Tillett, who are still minors, and reside in or near the city of Norfolk, in the state of Virginia; that the said Mary Tillett, wife of Isaac Tillett, died intestate, and there was no administration upon her estate in North Carolina until within the ______ years; and that said Durant H. Tillett also died intestate; that the said Nathan Hall, son and heir at law of the said Jehu Hall, deceased, departed this life in Currituck county about the year 1820, aged about eight years; that the said John M. Hall, son and heir at law of the said Jehu Hall, died in said county of Currituck about the year 1817, aged about six years.

Plaintiffs further aver that it was enacted and provided by the governor, council and assembly of the state of North Carolina, by an act entitled “An act appointing the method of distributing intestates' estates,” as follows.

“That all and every person and persons to whom administration on estate of any person deceased shall hereafter be granted, shall distribute the surplus of such estate in the manner following, that is to say: One-third part of the said surplus to the wife of the intestate, and all the rest by equal portions to and amongst the children of such persons dying intestate, and such persons as legally represent such children, in case any of the said children be then dead, other than such child or children (not being heirs at law) who shall have an estate by the settlement of the intestate, or shall be advanced by the intestate in his life-time by portion or portions equal to the share which shall by such distribution be allotted to the other children, to whom such distribution is to be made. And in case any child other than the heir at law, who shall have any estate by settlement from the said intestate, or shall be advanced by the said intestate in his life-time, by portions not equal to the share which shall be due to the other children by such distribution as aforesaid, then so much of the surplus of the estate of such intestate to be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the life-time of the intestate, as shall make the estate of all the children to be equal, as near as can be estimated; but the heir at law, notwithstanding any land that he shall have, by descent or otherwise, from the intestate, is to have an equal part in the distribution with the rest of the children, without any consideration of the value of the land which he hath by descent or otherwise from the intestate; and in case there should be no ...