Savage v. Benham

Citations

• 17 Ala. 119

Syllabus

<p>1. Where an executor, who is one of the residuary legatees under the will, converts assets of the estate, removes from the state -without making a settlement, and is, together with his sureties, wholly insolvent, a bill filed by another of the legatees agaiust him and the administrator de bonis non, praying an account and settlement of their respective administrations, and an application of the legacy due to the executor, or so much thereof as may be necessary, to make good his default, is not multifarious.</p> <p>2. Where the jurisdiction of the Orphans’ Court in the grant of administration has rightfully attached, its action is not void, and a court of chancery cannot, in a collateral proceeding, go behind it for the purpose of enquiring whether the letters were properly or improperly granted.</p> <p>3. A testator, after providing for his wife, makes the following bequest: “ It is my will and intention to give and bequeath the residue of my estate, both real and personal, in the manner and form hereinafter specified, to-wit, to my dear children, and to my grand-children as follows: to my daughter B. D.” &e. He then directs his executors to keep his estate together until the death of his wife, and to give his younger children, when they respectively reach the age of twenty-one or marry, as much property as he had advanced to his other children on their marriage or majority — to make annual divisions of the proceeds of the crops, after deducting what may be necessary for the support of his wife and the support and education of his younger children, among his children who are married or of full age, to be accounted for by them on the final division, and on such final division to “ reimburse” the younger children, . who have not received the benefit of these dividends, “ their proportion with interest” — and upon the death of his wife, to divide all the property equally among his children and grand-children in the manner already provided, &c. Held—</p> <p>1. That t