Jackson, Brother & Co. v. West

• Decision Date: 07 October 1864
• Citation: 22 Md. 71
• Parties: JACKSON, BROTHER & CO. v. ARTHUR J. WEST ET AL.
• Court: Maryland Court of Appeals

22 Md. 71

JACKSON, BROTHER & CO. v. ARTHUR J. WEST ET AL.

Court of Appeals of Maryland.

October 7, 1864

APPEAL from the Equity side of the Circuit Court for Prince George's County.

The bill in this case was filed on the 31st of March 1858, by certain of the heirs at law, and the administrator of Eleanor West, for an account from Wm. D. Bowie and and Thomas H. Claggett, trustees of the estate of Arthur P West, and to vacate the trust, which it alleges had accomplished its purpose, and for the sale for the purpose of distribution of certain real estate of Eleanor West, and of real estate in the hands of said trustees remaining unsold.

The bill states: That on the first day of May, in the year eighteen hundred and forty-four, Arthur P. West and Eleanor West, his wife, (the father and mother of the three first named complainants) who then resided in Prince George's County, by their deed of that date, duly executed and acknowledged, for the consideration therein expressed conveyed to William D. Bowie, of Prince George's County and Thomas H. Claggett, of Leesburg, in the State of Virginia, as trustees, a large and valuable real estate lying and being in Prince George's County, and particularly described in said deed, in trust for the sole and separate use of the said Eleanor West and her heirs, free from the control of the said Arthur P. West, and to be in no wise responsible for the debts he then owed or might thereafter contract, with power to the said Eleanor West, with the consent of the said trustees, to sell the whole or any part of the said real estate, and to execute the proper and necessary papers for the conveyance thereof, and the proceeds of sale to be invested for the purposes of said trust, or as the said Eleanor West should direct, and with the further power to the said Eleanor West, to dispose of the said real estate or any part thereof by last will and testament, or other writing in the nature thereof, executed in accordance to law, and in default of any such sale or disposition, in trust, after the death of the said Eleanor West, for the use and benefit of her heirs.

The bill further states, that on the twenty-ninth day of June, of the same year, the said Arthur P. West, being then possessed of a large and valuable personal estate did, by a deed of that date, for the consideration therein mentioned, convey the same to the said William D. Bowie and Thomas H. Claggett, in trust, to pay and satisfy all the just debts of the said Arthur P. West, and to indemnify and secure the said trustees for all loans, liabilities incurred for and on account of the said Arthur P. West, and for all costs which had been or might be incurred by them in the execution of their trust, and the residue of said property and all moneys arising from the sale of any part thereof, after the payment of the just debts and liabilities and expenses as aforesaid, to be held by them, for the sole and separate use and benefit of the said Eleanor West, her executors, administrators and assigns, free from the debts or liabilities of her said husband, which were then due or might thereafter be contracted, and free from his control, and subject to the same powers and provisions by sale or last will and testament, as are before stated as to the said real estate: copies of which said two deeds of trust as above detailed are filed with the said bill of complaint as the complainants's exhibits A and B, and prayed in said bill to be taken as parts thereof.

The bill further states, that after the execution of said deeds, the said trustees took possession of the said real and personal estate, and from time to time sold portions thereof, under the direction of the Court, for the purposes of said trust, and have now disposed of more of said property than is necessary to discharge all the debts and liabilities against said trust estate; and that the said complainants are informed that the said trustees are now prepared to exhibit a full and final account of said trust estate, and to pay over to the parties entitled to receive the same, any balance of moneys in their hands from the sales of said property, and the residue of said property now in their hands, and are anxious to be discharged from said trust.

And the said bill further states, that the said Eleanor West departed this life some time in the year eighteen hundred and fifty-six, intestate and without having disposed of any part of the said trust estate, leaving Arthur J. West, Thomas S. West, and Virginia O. West, the three first named complainants in the bill, and Biddell L. West and Francis O. M. West, her only children, (the latter of whom has since departed this life, leaving a widow, Helen West, and Helen M. West and Benjamin O. West, his only children,) and that letters of administration on her personal estate have been duly granted by the Orphans Court for Washington City, where the said Eleanor West resided at the time of her death, to John H. Strider, who has duly qualified as such; and further states, that a large portion of the said real estate has not been disposed of, and it will not be necessary to dispose of it for the purposes of said trust: that is to say, about three hundred and fifty acres thereof, known as the Pocosin; and that the said real estate, in its present condition, is entirely unproductive and not capable of division among the parties entitled thereto, but it would be greatly to the interest and advantage of all the said parties to have the same sold under the direction of this Court.

The bill then prays that a decree may pass vacating and annulling said trust and discharging said trustees therefrom, after they shall have exhibited in said Court a full and particular account of the sales of such portion of said trust estate as they may have sold, with the application of the moneys arising therefrom, and requiring the said trustees to hand over to the parties entitled thereto, any balance of the money in their hands from the sales of said property which may be unappropriated, with the residue of said trust estate now in their hands; and also for a decree for the sale of said real estate for division among the parties entitled to the same.

On the 1st Monday of April 1859 the trustees filed their joint answer to said bill, admitting that the purposes of the trust had been accomplished by the payment of the debts of Arthur J. West, and that by the death of the said Eleanor, the residue in their hands was payable to her administrator, or her heirs at law; setting forth a particular account of their receipts and disbursements; and consenting that the trust be vacated.

While the cause was so progressing, to wit: on the 1st of November 1858, the appellants, Jackson, Brother & Co., filed their petition, stating that Mrs. Eleanor West, in her lifetime, was indebted to them in the sum of $1,024.12, besides interest, contracted from the 13th November 1852, to 1st July 1856, and praying that before distribution of the funds in the hands of the trustees, they should be ordered to pay this claim out of the same, or that the proceeds of the property sought to be sold under the proceedings in this cause, should be applied to such purpose before distribution.

The trustees filed separate answers to this petition, denying their responsibility for said account, or that the funds in their hands should be applied to its payment.

John H. Strider, the administrator, also filed an answer to the petition resisting the payment of the claim of the petitioners, principally on the ground of laches on the part of the claimants in failing to present the account to him before the estate in his hands was closed, and pleading plene administravit.

Several commissions were issued to take testimony, which were duly returned.

Joseph C. Jackson, a witness produced on the part of said petitioners, testified as follows: " I have been clerk to the firm of Jackson, Bros. & Co., between twelve and thirteen years, and during that time have partially attended to the books. To the best of my knowledge and recollection, the account shown me is correct, and the articles therein charged I believe to have been sold and delivered at the prices marked; many of the goods I put up and delivered myself."

William D. Bowie, one of the trustees, also produced and examined as a witness by the petitioners, testified: " That he and Thomas H. Claggett were appointed trustees under a deed of trust from Arthur P. West, and that he had paid several accounts incurred in the maintenance and support of Mrs. Eleanor West and her family,--some with her knowledge and consent and some by her request; that he paid B. L. Jackson & Bro., December 1st 1848, forty dollars, for Mrs. E. West, at her request; that he also paid Burgess & Wilson, on the same account, one hundred and thirty-three dollars and six cents, for Mrs. West's support, at her request, on the 10th of November 1852, as will appear from reference to No. 27 of trustee's vouchers; that he paid B. L. Jackson & Bro., $788.99, and Jackson, Bro. & Co., $111.01, on November 10th 1852, for the support of Mrs. Eleanor West and family, and at her request, as will appear by receipt of that date filed among the vouchers of said trustee; that he also paid Hooe, Bro. & Co., for the support of Mrs. West and family, $395.23, on November 10th 1852, at her request, as will appear by an examination of No. 29 of trustee's vouchers; that he also paid Hooe, Bro. & Co., for the support of Mrs. West and family, at her request, on the 15th of December 1856, as will appear by No. 47 of trustee's vouchers, fifty dollars; that he had also advanced Mrs. West, for her support and that of her family, at sundry times, four hundred dollars, as will appear by trustee's vouchers numbered 33,...