Chardavoyne v. Lynch

• Decision Date: 27 May 1887
• Citation: 82 Ala. 376,3 So. 98
• Court: Alabama Supreme Court
• Parties: CHARDAVOYNE, GUARDIAN, ETC., v. LYNCH, ADM'R, ETC.

3 So. 98

82 Ala. 376

CHARDAVOYNE, GUARDIAN, ETC., v. LYNCH, ADM'R, ETC.

Supreme Court of Alabama

May 27, 1887

Appeal from chancery court, Lawrence county; THOMAS COBBS, Judge.

The bill in this case was filed on the twenty-third of November 1885, by W. B. Chardavoyne, as the next friend and guardian of James H. Ballantine and others, "minor heirs of Mary E. Ballantine, deceased," against Darius Lynch, as administrator de bonis non of the estate of Edgar P Swoope, deceased, S.D. Cabaniss, F. P Ward, and John Phelan and sought, principally, to enjoin further proceedings by said Lynch under orders for the sale of the lands belonging to the estate, which the probate court had granted on his petition as administrator. The orders for the sale of the lands, copies of which were made exhibits to the bill, were granted,-one on the twenty-fourth of November, 1884; the other on the twenty-eighth of October, 1885,-on the ground that the personal property belonging to the estate was not sufficient to pay the debts; and each of them recites that the minor heirs and distributees were represented by a guardian ad litem, who contested the application and that proof was taken by deposition as in chancery cases but neither of the petitions filed by the administrator is set out in the record. The bill denied the necessity for a sale of the lands, alleging that the personal assets were more than sufficient to pay the debts of the estate; and it alleged that the debts of Cabaniss & Ward and Phelan, respectively, were not valid claims against the estate. The debt of Cabaniss & Ward for $500, on account of services rendered to the estate, had been reduced to judgment against said Lynch as adminstrator, a copy of which judgment was made an exhibit to the bill; and the claim of Phelan, about $1,200, was for costs due him as register in chancery in cases in which Swoope's estate was a party in interest. The bill was amended, after demurrer and answers filed, by making the infants complainants, suing by Chardavoyne as their next friend, and by striking out the names of Cabaniss & Ward and Phelan as defendants. The chancellor sustained the demurrer to the bill, and dismissed it for want of equity, holding that the probate decree was conclusive as to the matters sought to be litigated; and his decree is now assigned as error.

Syllabus by the Court.

A decree rendered by the probate court, on the petition of an administrator,...