Westbrook v. Munger

Citations

• 61 Miss. 329

Syllabus

<p>1. Tbust. Available to creditors.</p> <p>At a sale of land under a decree in favor of an administrator for the enforcement of a vendor’s lien, the guardian of the heirs of the intestate purchased, taking title in the name of his wards, crediting the bid on the decree, with . the consent of the administrator, to be accounted for on final settlement of estate, and the sale was so reported and confirmed: The trust was that the distributees should be charged with the amount of their bid, if so much was to be distributed to them on final settlement; but if necessary for the payment of debts, that this fund should be recalled, the distributees were to refund, and the land was to stand charged with its repayment. This trust is available to the creditor of the decedent.</p> <p>2. Same. Chancery. Necessary parties.</p> <p>To a bill filed in such state of case by a judgment creditor of the decedent, the heirs and their vendees are not necessary parties, but the administrator of the deceased judgment debtor is a necessary party defendant.</p> <p>3. Same. Creditor's bill. Necessary averments.</p> <p>It is not necessary that such a bill should aver that the estate of decedent or that the administrator and the sureties on his bond are insolvent.</p> <p>4. Statute oe Limitations. Trust.</p> <p>There must, be some repudiation of the trust, and some right asserted by the trustee adverse to the beneficiary, to put in motion the Statute of Limitations prescribing the time for the enforcement of the trust.</p> <p>5. Same. Delay by creditor.</p> <p>No delay short of the time fixed by some statute of limitation, will bar a creditor seeking the enforcement of his claim against the estate of a decedent.</p>