Farnsworth v. Dinsmore

• Decision Date: 30 September 1852
• Citation: 32 Tenn. 38
• Parties: FARNSWORTH v. DINSMORE et al.
• Court: Tennessee Supreme Court

32 Tenn. 38

FARNSWORTH

v.DINSMORE et al.

Supreme Court of Tennessee.

September Term, 1852.

This was a bill filed in the chancery court at Greenville, upon the facts so fully set forth in the opinion. At the May term, 1847, the cause was heard, Chancellor Williams, presiding. There was a decree for the respondents, and the complainants appealed.

Patterson and Sneed & Temple, for complainant; R. M. Barton, for respondents.

Totten, J., delivered the opinion of the court.

In 1818 Samuel Dinsmore died intestate, leaving his wife, Elizabeth, and nine children surviving him. The said Elizabeth administered on his estate. The estate consisted of 200 acres of land (the homestead), a slave (Fanny), and small personal effects. The administratrix caused the slave and personal effects to be sold in 1818, and herself became the purchaser of the slave and of a portion of the personal effects. In 1833 an agreement was made for the settlement of the estate, by the administratrix and her children. It was to the effect that the administratrix convey to her children the slave, Fanny, and her increase, now four in number, and the personal effects of intestate, yet in her possession, reserving to herself a life estate therein and an equal share with her children--the conveyance to be in satisfaction of $801.36, the amount due from her to the children as distributees of said estate. And it was further agreed that at the termination of the life estate said property should be equally divided amongst the said owners thereof--the children of intestate agreeing to account for, and bring into said division, any gifts or advancements of real or personal estate received by any of them from their father in his lifetime, so as to make an equal division of the entire estate.

In conformity to this agreement, the said Elizabeth Dinsmore, on the 5th February, 1833, conveyed said slaves and other personalty to James Dinsmore and the others, her said children, reserving to herself a life estate, etc., which conveyance was accepted by the said children. James Dinsmore had received, by gift from his father, 100 acres of land, worth $400, and some personal effects. The other children, or some of them, had received some personal effects, but no land. James Dinsmore now refused to give in his land as an advancement; but on the 21st October, 1844, the children of the intestate executed a written agreement for the division of said estate in conformity to the agreement of 1833--the said James Dinsmore being one of the parties to said agreement. At this time, 1844, the said Elizabeth Dinsmore proposes and consents to relinquish her life estate in said property to her children; and said agreement provides that each of said children shall bring into the account, for division, any property received by him or her from said intestate in his life, or from his estate since his death; and in case of disagreement as to its value, the same to be determined by persons to whom the matter shall be referred. The agreement recites that it was intended to settle the whole matter equitably and amicably, and to avoid the expense of litigation. They could not agree upon the value of the 100 acres of land given by the intestate to James Dinsmore. Thereupon, James Dinsmore selected Henry A. Farnsworth, and the other party selected William ____, to report upon the value of said land. They did not agree. We are satisfied that Farnsworth advised James Dinsmore not to go on with the agreement--not to give in the land, and that it would bring him in debt to the estate. James Dinsmore declined to execute his agreement, and on the next day, 22d October, 1844, conveyed his interest in remainder in said slaves to said Farnsworth. Farnsworth stated that he had purchased a lawsuit, and that, if James Dinsmore were not bound...