Slaughter v. Froman
| Citation | 21 Ky. 19 |
| Parties | Slaughter. & c. v. Froman and Wife. |
| Decision Date | 30 May 1827 |
| Court | Court of Appeals of Kentucky |
Executors. Administrators de bonis non. Sureties. Parties.
ERROR TO THE NELSON CIRCUIT; PAUL I. BOOKER, JUDGE.
Guthrie for plaintiff.
Statement of the facts.
William Miner departed this life intestate, and administration of his estate was granted to his widow, Hannah Miner, and James Slaughter jointly, and they entered into a joint administration bond, with Jeremiah Brown and Will W. Mason as sureties, for the due and faithful administration of the estate. The widow, some time thereafter, intermarried with Abraham Froman, who consequently became administrator in right of his wife. The sureties, Brown and Mason, caused a summons to be issued against the said Hannah and Slaughter on a suggestion that the estate was in danger, to shew cause why they should not be compelled to give counter security. On their appearance they failed to give such security, and thereupon the court revoked their letters of administration, and granted administration to Abraham Froman himself, who gave security accordingly.
Froman and wife then filed this bill, charging that Slaughter was the acting administrator before the grant was revoked, and had most of the estate in his hands, and exhibited a settlement of the county court, shewing a balance of money in his hands unaccounted for. Froman claims that balance entire, as administrator de bonis non, and also, both claim his wife's distributive share thereof, to be assigned her out of it.
Allegations of the bill.
The court below decreed in favor of the complainants, the entire amount due on the account settled with the county court, not only against Slaughter, but his sureties in the administration bond, who were made defendants; but one of them having answered the bill and resisted the decree. To reverse this decree this writ of error is prosecuted.
Decree of the circuit court.
Froman must stand as an administrator de bonis non, and can have no greater rights against the money in the hands of Slaughter than that character entitles him to. The money which he has recovered against Slaughter and sureties, has arisen from the hire of slaves and rent of lands, and is the result of his administration.
Successor of an administrator removed on his refusal to give the counter surety, has the rights and powers of an administrator de bonis non.
An administrator de bonis non is entitled to every specific article which belonged to the decedent, and which is not disposed of or converted into money by the first administrator. Such articles have not been administered, and the administrator de bonis non acquires the same interest in them that the first administrator had. But not so with the price of the articles already administered or converted into money. As to their price, the...
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