83 Tenn. 651 | Tenn. | 1885
delivered the opinion of the court.
Martha H. Douglass died in May, 1868, having-first made a will by which she devised to Martha H. Davis, one of her nieces, certain land, and be
The first exception is in substance that the will charges the personal property with the payment of the debts of the estate. The will “consists of four separate clauses, designated firstly, secondly, thirdly and lastly. The second clause contains the devise and bequest to the neice. The third clause contains the devise and bequest to the nephew, and the last clause appoints the executor. The first clause is in these words: “ I direct that my funeral expenses and all my debts be paid as soon after my death as pos
The second, fourth, sixth and seventh exceptions make the point that the allowances to the admiuistra
The third exception raises the question of advancements suggested by the original bill. But, obviously, this is no case where that question can cut any figure. The legatees are not seeking to share in the undevised land as heirs, in which event alone an account of advancements would be proper. They are asking that the assets of the estate be marshalled, so as to throw the burden of the debts of the estate upon the un-
The fifth exception makes the point . that an administrator pendente lite cannot pay out funds of the estate, and therefore complainant’s exception to the master’s report should have, been sustained. But we do not find any exception to the master’s report made by the complainants on this ground. Besides, the claims which were paid out of the personal assets of the estate have been found by the master and the chancellor to have been just claims, and properly paid.
The sixth exception suggests that the right of action of the legatees is barred by the statute of seven years in favor of heirs: Code, secs. 2281, 2786. The objection assumes that the cause of action originated or accrued in the lifetime of the testatrix. But the right of action of the legatees to marshal assets between them and the heirs did not originate in the lifetime of the testatrix. It only accrued when their legacies were taken to pay the liabilities of the estate. It is not pretended that tbe bar of the statute has attached since then.
The exceptions to the report of the Referees will be overruled, and the decree of the chancellor affirmed. The complainants will pay the costs of this court. The costs of the court below will be paid as directed by the chancellor.