Williamson v. Beardsley

Citations

• 137 F. 467
• 69 C.C.A. 615
• 1905 U.S. App. LEXIS 4562

Syllabus

<p>1. Executors—Real Estate—Sale—Conveyances—Vacation—Fraud—Bill.</p> <p>In a suit to set aside conveyances of real estate by an executor in probate proceedings, mere allegations that the sales were fraudulent, and that the proceedings were fraudulently conducted, without an averment of substantive facts justifying the charge of fraud, was insufficient.</p> <p>[Ed. Note.—For cases in point, see vol. 23, Cent. Dig. Fraud, § 37; vol. 39, Cent Dig. Pleading, § 28%.]</p> <p>2. Same.</p> <p>Where an executor applied for permission to sell real estate, and fully and truthfully stated in detail the condition of the estate and his previous conduct of its affairs, the fact that the sales were irregular, or even void, did not establish that the executor was guilty of fraud.</p> <p>3. Same—Grounds of Attack—Record—Knowledge.</p> <p>Where the grounds on which certain conveyances by an executor were attacked were matters of record, and complainants had notice of the pendency of the administration proceedings sufficient to excite their attention and to put them on guard as to the course thereof, they would be deemed to have had actual knowledge of the contents of such ‘records.</p> <p>4. Same—Laches.</p> <p>Rev. St. Utah 1898, § 2810, declares that title to a specific legacy passes by the will, but that possession can only be obtained from the personal representative, and that he may sell the property devised or .bequeathed in the cases provided. Section 2870 declares that no action shall be brought to recover any estate sold by an executor in probate proceedings by a person claiming under the decedent unless commenced within three years next after such sale, but that such an action may be maintained within three years from the discovery of the fraud or other lawful grounds on which the action is based. Held, that where complainants brought suit to set aside certain conveyances by an executor in probate proceedings nearly 18 years after the admission of the will to probate, nearl