Seabright v. Seabright

• Decision Date: 09 November 1889
• Citation: 10 S.E. 265,33 W.Va. 162
• Parties: Seabright v. Seabright et al.
• Court: West Virginia Supreme Court

10 S.E. 265

(33 W.Va. 162)

Seabright

v.Seabright et al.

Supreme Court of Appeals of West Virginia.

Nov. 9, 1889.

Res Judicata—Decree of Court of Appeals.

1. Where a question of law or fact is once definitely settled and determined by a decree of this court, and the cause is remanded for further proceedings, a party to said suit cannot by subsequent j pleadings call In question the conclusiveness of the Questions determined by said decree. 2. Where the question raised by a hill in equity is as to whether certain bonds and notes therein described are part of the estate of a decedent, or have been disposed of by him, by assignment and delivery, as a gift to two of his brothers, and said property has by a decree of this court been determined to belong to the estate of said decedent, said decision is binding and conclusive upon all of the distributees of said estate.

(Syllabus by the Court.)

Appeal from circuit court, Ohio county.

Ewing, Melvin & Riley and B. B. Dovener, for appellant. H. M. Russell, for appellee Louisa Nolte.

English, J. This suit is a continuation of the suit of Louisa Seabright against Charles Seabright and others, which was brought in the circuit court of Ohio county, and the bill filed at July rules, 1876, for the purpose of compelling Charles W. Seabright, the executor of Louis Seabright, who died in February, 1873, to account for certain bonds and notes, as part of the estate of said Louis Seabright. The plaintiff, Louisa Seabright, appears to have been the widow of said Louis Seabright; she having been his second wife. After having made his last will and testament, in which he made some small bequests, he gave the residue of his property to Henry Seabright, Charles W. Seabright, and Louisa Nolte, and shortly before his death wrote upon the back of a number of notes and bonds assignments of the same to Charles W. Seabright and Henry Seabright; which bonds and notes amounted to more than $22,000, and comprise nearly the whole of his personal estate, and were treated by said Charles W. and Henry Seabright, after the death of said Louis, as their own individual property. At the time of the institution of said suit by said Louisa, said Henry Seabright had departed this life, and his widow, Mena Seabright, had qualified as his executrix, and as such was made a party; and the said plaintiff alleged that said Charles W. Seabright had received from said Louis Seabright, and had in his possession, all of the said notes, or, without authority of law, had distributed them in some proportion to said Henry Seabright himself, Louisa Nolte, and William Juergens, his brothers and sisters; and that at the time of the filing of said bill said sums amounted to $30,000; and she prayed that said Charles W. Seabright, as executor of the estate of said Louis Seabright, might be compelled to account for said $30,000 thus received or distributed, and that she might receive one-third of the same, and that the accounts of said executor be surcharged and falsified in respect to said $30,000. And when the pleadings were made up almost the entire controversy in the cause arose upon the question as to whether said bonds and notes were assigned and delivered by said Louis Seabright to Charles W. Seabright and Henry Seabright, as a gift to them, or whether said bonds and notes formed and constituted a part of the personal estate of said Louis Seabright in the hands of his executor. In said cause the matters in controversy were referred to a commissioner, and...