Anderson v. Northrop

Citations

• 30 Fla. 612

Syllabus

<p>TRFSTS — LIMITATION—ACCOUNTING—LACHES.</p> <p>1. A. died in 1839, leaving a will of which C., his surviving widow, was made sole executrix, and by which she was given a life estate in all of his property, real and personal, with remainder over in fee to all of his children share and share alike. There were four children, three by the testator’s first marriage, and one by his surviving widow. C., as executrix, took possession and control of all the properties, and died in 1881, without having been discharged as executrix, and died in possession of a considerable portion of the realty of her testator and some of the personality in kind. At her death she left a will by which her son, who was also one of the remaindermen under lier testator’s will, was made her sole executor and devisee of her estate. In 1883 the heirs-at-law of A’s children by his first marriage brought suit in equity against C’s executor for an accounting generally, for all the properties tfiat went into her hands as executrix of A's will, and for restitution of their respective shares thereof under said will. The suit was resisted on i.lie ground that C., as executrix, in 1851, under an order of the probate court, had sold the realty for the payment of debts of the estate of A., and that F., at such sale had purchased the property, and shortly afterwards had reconveyed it to her in fee in her own individual right. That the rights and interests of the complainants as reversioners under A’s will were thereby extinguished, and that the complainants were barred of any remedy by the express provisions of the statute of limitations, and also by laches : Held, TliatC., as -executrix of A’s will, was trustee of an express or direct trust; and that, as she had never been discharged as such executrix, she continued to be such trustee up to the date of her death; and that her executor after her decease became trustee, in her stead and was charged with all of her responsibilities and liabilities as such trust