Bell v. List

Citations

• 6 W. Va. 469
• 1873 W. Va. LEXIS 56

Syllabus

<p>Syllabus.</p> <p>1. A. filed Ills bill against, B., the administrator of 0., claiming a debt against the estate of 0., claiming that he was entitled to have his debt paid out of the assets in the hands of the administrator. B. answered the bill, and claims that there was not sufficient assets to pay the debts against the estate. The court referred the cause, by consent of the parties to the bill, to a commissioner to ascertain among other things “What debts are due from said estate and respective priorities, if any, and any other matters deemed pertinent by any of the creditors of the said estate, or any of the parties in interest;” and directed the commissioner in the decree, before proceeding- to state the account, to give notice to the creditors and all persons interested in the estate, by publication of the time and place of talcing the same in sqme newspaper published in the city of‘Wheeling-, at least four weeks before commencing to take the said account; and the court, in the decree, adjudged that such publication shall be equivalent to personal service. The commissioner proceeds to discharge his duties under the decree, and among other debts against the estate of A., he reports a debt as being duo to B. of $4,000, in the aggregate, exclusive of interest. The court hears the case upon the bill, answer of L., administrator, and report of the commissioner, to which no exceptions were filedj and directs what disposition shall be made of the assets, and orders that after paying the costs of suit and the funeral expenses, amounting to $109.08, out of the residue to pay th'e balance pro rata on the debts mentioned in Schedule A to the extent of the funds in his hands — Schedule A is a list of the creditors of the estate, showing the amount due to each, filed with the commissioners report and as part thereof, and B. is one of the creditors. B. feeling aggrieved by this decree, moves the Circuit Court after due notice, to reverse and set aside said decree, and the