In re Leffingwell's Estate

• Decision Date: 21 November 1892
• Court: Connecticut Supreme Court
• Parties: In re LEFFINGWELL'S ESTATE.

25 A. 453

62 Conn. 347

In re LEFFINGWELL'S ESTATE.

Supreme Court of Errors of Connecticut.

Nov. 21, 1892.

Case reserved from superior court, New Haven county. Order affirmed.

S. E. Baldwin and W. Trumbull, for appellants in Foote's Appeal, and appellees in Morse's Appeal.

H. Stoddard and J. W. Bristol, for appellants in W. A. Leffing well's Appeal and S. B. Leffing well's Appeal, and for appellees in Morse's Appeal.

J. W. Ailing and J. H. Webb, for appellants in Morse's Appeal, and for appellees in Foote's Appeal, W. A. Lcffingwell's Appeal, and S. B. Leffiugwell's Appeal.

ANDREWS, C. J. Each of these appeals was taken from an order of the probate court for the district of New Haven, made on the 9th day of March, 1892. They were argued together, and depend on the same reasoning. The order was as follows: "District of New Haven—ss.: Probate court, March 9, 1892, Estate of William Leffing well, late of New Haven, in said district, deceased. Upon the settlement of the administration account of said estate there remains for distribution in the hands of the administrator the sum of $74,064.46 in residuary personal estate; and there being the following residuary legatees under the will of the said deceased, or their representatives, namely: The children of William Letfing well, a son of said deceased; Carolina Street, a daughter of said deceased; Maria Williams, a daughter of said deceased; the children of Lucius Letfing well, a son of said deceased; and William A. Beckley, trustee under said will for Edward H Letfing well, a son of said deceased, said Beckley being the successor to Henry White, who was the last survivor of Roger S. Baldwin, Samuel J. Hitchcock and Henry White, trustees under said will for said Edward H. Letting well: Therefore, ordered, that the estate be distributed by said administrator among the said residuary legatees according to law and said will, as follows: One fifth thereof to the children of William Letfingwell, a son of said deceased, or their executors or administrators; one fifth to the executors or administrators of Caroline Street, a daughter of said deceased; one fifth thereof to the executors or administrators of Maria Williams, a daughter of said deceased; one fifth thereof to the children of Lucius Leffingwell, a son of said deceased, or their executors or administrators; one fifth thereof to said William A. Beckley, trustee under said will for Edward H. Leffingwell; and make return to this court."

In each of the first three cases there is one reason of appeal in common, namely, that the sum of $74,846.46, balance of the fund received by said Oliver S. White, administrator, was received by him in behalf of and as representing the next of kin of said William Leffingwell, and was not received by him as part of the estate of the said William Leffingwell, or as assets thereof. If this reason of appeal should be held to he untrue, then there is no error in the decree of the probate court, and the same should be affirmed; otherwise there is error. The superior court made a finding of facts, and reserved all the cases, as though they were parts of one case, for the advice of this court. From this finding it appears that William Leffingwell, late of New Haven, died in 1834, leaving a will, the parts of which material to the present inquiry are as follows: "The rest and residue of my estate I divide into five equal portions, one of which I give and devise to the children of ray deceased son William; one to my daughter Caroline; one to my daughter Maria; one to the children of my son Lucius; and one to Roger Sherman Baldwin, Samuel J. Hitchcock, and Henry White, and to the survivor and survivors of them, in trust for my son Edward. And I do appoint the said Roger Sherman Baldwin, Samuel J. Hitchcock, and Henry White, Esqrs., and the survivor and survivors of them, joint executors of this, my last will and testament, hereby revoking all former wills." The executors entered upon said trust, and settled the estate, which was solvent, and, after paying all debts, delivered and transferred, on the 10th day of September, 1835, under the residuary clause, to the legatees therein named, about $10,000. Henry White, the last survivor of said executors and trustees, died prior to 1880. Ou the 28th day of October, 1880, William A. Beckley was appointed by the court of probate in New Haven his successor as trustee. He accepted that duty, and gave bonds for the faithful performance thereof. And on the 11th day of January. 1887, the court of probate appointed Oliver S. White administrator de bonis non with the will annexed on the estate of the said William Leffingwell, "for the sole purpose and end of taking all proper and reasonable measures to prosecute and collect certain claims against the United States government, commonly known as the 'French Spoliation Claims,' and also to render an account of his administration when ordered by this court; and he was ordained, deputed, and constituted administrator de bonis non with the will annexed of all and singular the goods, chattels, credits, and estate aforesaid."

The administrator received from the United States government, under circumstances hereafter to be stated, the sum of $76,064.45, and of which he rendered his account to the court of probate; and upon the settlement of his account by the court the order was made above recited, from which these appeals were taken. In his lifetime William Leffingwell had been a member of the firm of Leffingwell & Pierrepont, composed of himself and Hezekiah B. Pierrepont, each owning an equal share in the partnership. The firm owned a ship named "Confederacy," and its cargo. That ship was captured by the French in June, 1787, taken into Nantes, and there condemned and sold.

In 1885 congress passed an act (23 St. at Large, p. 283) entitled "An act to provide for the ascertainment of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801," which provided as follows: "Section 1. That such citizens of the United States, or their legal representatives, as had valid claims to indemnity upon the French government, arising out of illegal capture, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French republic, concluded on the thirtieth day of September, 1800, the ratifications of which were exchanged on the 31st day of July following, may apply by petition to the court of claims within two years from the passage of this act, as hereinafter provided," etc. "Sec. 3. That the court shall examine and determine the validity and amount of all the claims included in the description above mentioned, together with their present ownership, and, if by assignee, the date of the assignment, with the consideration paid there for: provided," etc. "Sec. 6. That on the first Monday of December in each year the court shall report to congress for final action the facts found by it, and its conclusion, in all cases which it has disposed of, and not previously reported. Such finding and report of the court shall be taken to be merely advisory as to the law and facts found, and shall not conclude either the claimant or congress; and all claims not finally presented to said court within the period of two years limited by this act shall be forever barred, and nothing in the act shall be construed as committing the United States to the payment of any such claims."

After the passage of the act, Henry E. Pierrepont, the executor of Hezekiah B. Pierrepont, the last surviving partner of the said firm, made application to the court of claims for an allowance on account of the capture and sale of said ship Confederacy, and such proceedings were had before that court upon such application that the court reported to congress certain conclusions of fact in reference to the matters contained in said application and certain conclusions of law therein, as follows: "The court decides as conclusions of law that the said seizure and condemnation were illegal, and the owners and insurers had valid claims of indemnity there for upon the French government prior to the ratification of the convention between the United States and the French republic, concluded on the 30th day of September, 1800; that said claims were relinquished to France by the government of the United States by said treaty in part consideration of the relinquishment of certain national claims of France against the United States; and that the claimants are entitled to the following sums from the United States: Henry E. Pierrepont, executor of the will of Hezekiah 15. Pierrepont, the last surviving partner (deceased) of the firm of Leffingwell &...