16 Ala. 41 | Ala. | 1849
On the 18th September 1835, the defendants in error, applied for, and obtained letters of administration upon the estate of Joseph McGehee, late of Dallas county, deceased. The letters were granted by the Judge of the Orphans’ Court of Dallas county, under the first section of the Act of 1835, authorizing the personal estate of the intestate, to be kept together, and exempt from sale, for ten years, and bond was executed accordingly by said representatives. Dig. 198, § 30.
In December 1835, James H. Armstrong, one of the representatives aforesaid, returned to the Orphan’s Court of Dallas, an inventory of said estate, duly verified by his oath, and which embraced a certain negro girl, named Mary, who was by the appraisers estimated to be worth $450.
In May 1836, an annual settlement was made by said Armstrong with the court, and no further proceeding appears of record in the matter of said estate, until the January Term, 1846, when an order was granted, to sell all the personal estate, and a petition was filed to sell 80 acres of land, for the purpose of making more equitable distribution among the heirs.
Upon the final settlement, which took place in May 1847, the defendants in error were permitted to strike from the inventory, the name of the negro girl, Mary. The evidence adduced in support of the motion to amend the inventory, by striking out the name of said slave, was a bill of sale for her, from one D. G. Brandon to Elizabeth McGehee, the admin-istratrix, and that Mrs. McGehee claimed the girl under her purchase, after said appraisement and inventory were returned to the Orphans’ Court. It was also shown that she did buy and pay for said negro girl as set forth in the bill of sale, paying of her own funds the sum of $375,00, and of the money belonging to the estate of her intestate, the sum of $62.50, with which last named sum she was charged in the settlement, together with interest from the time of investment. The $375
There can be no question that the inventory sworn to by the administrator, is sufficient, in the absence of proof, showing a mistake, to charge the party, exhibiting it, with the property so returned, as assets of the estate. In Steele v. Knox, 10 Ala. Rep. 615, it is said, “ the inventory of the estate, which the personal-representative is required to malte, would certainly be evidence against him in the absence of all other proof of the value of the property.” See also, Brazeal’s adm’r v. Brazeal’s distributees, 9 Ala. Rep. 461. This, position is not gain-sayed by the defendant’s counsel, but they insist that this pri-ma fade intendment is sufficiently rebutted by the proof shown in the record.
We think the proof set out in the bill of exceptions suffi-cently shows that the girl, Mary, was improperly returned in the inventory. The interest of Mrs. McGehee in the estate of her deceased father, which her husband had never reduced to possession, was, after his death, her individual property, and she was not chargeable with the sum. for -which she sold it, as assets of the estate. Terrell, et al. v. Greene, et al. 11 Ala. Rep. 207; Johnson, adm’r v. Wren, 3 Stew. Rep. 172; Mayfield v. Clifton, ib. 375. True, the sum of sixty-two 50-100 dollars of the money belonging to the estate, was advanced in the purchase of the said girl, and the rule is well settled, that a trustee, shall not be allowed to profit by speculating on the trust fund, and if any profit accrues, the same belongs, at
The case at bar'furnishes, we think, a fit illustration of the policy of the Legislature in the enactment of the'statute above referred to, and of the powers which may properly be exercised by the' administrator. The decedent left a small estate,- and a Avife and eight daughters,- who must support upon it. The estate, if sold, Avould doubtless have been Avholly inadequate to their maintenance, and the widoAV is permitted to keep it together. The estate OAvnin-g only a negro man and Avoman, the administratrix,, by the use of a small part of' the means of the estate, coupled with Avhat she possessed individ-■tially, purchased a small tract of land and a negro slave, charging herself, however, Avith the funds of the estate so invested, and interest from the time of such investment. With these small means, by the personal supervision and labor of the avMoav, (for the proof sIioavs she Avorked in the cotton-field Avith the hands daily, during the cotton season, for' eleven years,) she is not only enabled to support her family,- but produces cotton crops,- the net sales of which, Avith interest, amount to some $5,000, with all of Avhich she is charged.— Besides this, the increase of the female slave, in the mean.time, adds to the value of the estate.
' This result of the management of the estate vindicates the wisdom of the enactment, and shoAVS too that the administra-trix has used extraordinary efforts to render the assets available. No part of the record shows that she Avas at any time wanting in good faith, in the discharge of the trust committed to her. Her oavu personal services, the labor of her slave and the rent of the land, all go to SAvell the assets of the estate, Avhich arc charged to her; and having acted in good faith, in
We think the objection, that it does not affirmatively appear from the record in this case, that the services of the slave as well as of the administratrix were required by the exigencies, and did not, after the compensation was deducted, redound to the benefit of the estate, is not supported by the record. It is clearly inferrable from, the proof, that laying out of view the rent of the land, for which nothing seems to have been allowed, the compensation is but a very moderate allowance, and that the interest of the distributees has been advanced by the employment of the labor for which the allowance was made.
Reversed and remanded,