Wilson v. Hinton

• Decision Date: 31 October 1896
• Citation: 38 S.W. 338
• Parties: WILSON v. HINTON.
• Court: Arkansas Supreme Court

38 S.W. 338

WILSON v. HINTON.

Supreme Court of Arkansas.

October 31, 1896.

Appeal from circuit court, St. Francis county; Grant Green, Jr., Judge.

Action by C. F. Hinton, administrator of the estate of Vital Lesca, against D. M. Wilson, administrator of the estate of D. M. Wilson, Sr. There was a judgment for plaintiff, and defendant appeals. Affirmed.

Geo. Sibley, for appellant. John Gatling and Norton & Prewett, for appellee.

RIDDICK, J.

D. M. Wilson, Sr., was appointed administrator of the estate of Vital Lesca, deceased, by the probate court of St. Francis county, and took possession of the assets of said estate. Wilson afterwards died, and the appellee, C. F. Hinton, was appointed administrator in succession of said estate of Vital Lesca. Hinton, as such administrator, thereafter commenced in the St. Francis probate court this proceeding to compel the appellant, as the administrator and personal representative of Wilson, the deceased administrator, to account for and pay over to said Hinton the assets of said estate of Vital Lesca. Hinton alleged, in his written petition for a settlement, that the deceased administrator, Wilson, had filed only one account current as administrator of the estate of Vital Lesca, and that such account showed that Wilson had in his possession the sum of $1,187.93, money belonging to said estate, and he asked that appellant, as the personal representative of said Wilson, be compelled to account for and pay over said sum of money. The appellant, as administrator and personal representative of said Wilson, deceased, filed a response to this petition for settlement, denying the right of the administrator in succession to call him to account, and stating, in substance, that no assets of the estate of Vital Lesca had come to his hands or possession, except certain notes and accounts, which he had already tendered to said Hinton as administrator in succession. The circuit court, where the case was heard on appeal, found that from the estate of Wilson, the deceased administrator, was due the estate of Vital Lesca the sum of $1,187.93, besides certain notes and accounts. It accordingly restated his account, and charged him with that amount, and ordered appellant, as personal representative of said Wilson, to pay said sum, and turn over the notes and accounts to said Hinton, administrator in succession.

We are of opinion that this finding and order of the circuit court was correct. Hinton alleged that the account current filed by the deceased administrator showed that he had in his hands this sum of money belonging to the estate of Vital Lesca. Appellant did not contradict this allegation. On the contrary, if we understand his response, ...