34 A. 1112 | R.I. | 1896
The facts disclosed by the record in this case, in so far as they are material to the question at issue, are as follows, viz.: The Court of Probate of the town of Lincoln appointed Augustine A. Mann, the defendant, an appraiser on the estate of Horace Daniels, deceased. After the performance of his duties as such appraiser, he rendered a bill thereof to the plaintiff, who was the administrator on said estate, in the sum of one hundred dollars, to which bill said administrator objected, on the ground that it was too large; whereupon, after some consideration and delay, it was agreed between the parties that said bill should be reduced to fifty dollars, which was done, and this amount was paid, by way of compromise and in full settlement for the defendant's services as appraiser.
Thereafterwards the plaintiff presented his account to said Probate Court, as administrator, which account included the *500 payment of said fifty dollars. This account was duly allowed by the Probate Court, but from this allowance an appeal was taken by one of the heirs of said estate to the Common Pleas Division, where, upon trial, the amount allowed said appraiser as aforesaid was cut down to the sum of twenty dollars. The plaintiff thereupon brought this action to recover from the defendant the sum of thirty dollars, the same being the difference between the amount paid by the plaintiff as aforesaid and the amount finally allowed by the court on appeal. The Common Pleas Division, after hearing the evidence submitted on behalf of the plaintiff, ruled that no case was made out and directed that he be non-suited, and the case is now before us on the plaintiff's petition for a new trial on the ground that said ruling was erroneous.
We do not think it was. The plaintiff, in his capacity as administrator, having seen fit to pay the defendant for his services as appraiser, is now estopped from claiming that the payment was too large, or that it was not rightfully made. It is true that he was not obliged to pay the claim until it had been allowed by the Probate Court, and until the time limited by the statute for an appeal from such allowance had expired, or at least until a final judgment had been rendered against him, in case of a suit upon said claim; (2 Woerner's American Law of Administration, p. 811) but he was not obliged thus to wait. In paying the claim as he did, without first taking the precaution of having it allowed, he took the risk of being called upon to refund to said estate such part of the amount as should be disallowed in the final settlement of his account as administrator. The action of the Common Pleas Division in reducing the amount of the appraiser's fee had no effect whatever upon the defendant, as he was not a party thereto, nor was he in any way cognizant of said proceeding. It was an adjudication solely between the administrator and the estate which he represented, and was in no wise binding upon the defendant in this action. But it is earnestly contended by the plaintiff's counsel that the defendant was an officer of the Court of Probate, and, the court appealed to being the Supreme Court of Probate, *501 that he is an officer of this court as to the duties which he performed as appraiser; and hence that, notwithstanding the settlement aforesaid, he is bound by the adjudication of the Supreme Court as to the amount that he should receive for his services; and that, if he has charged more, or received more than is thus finally allowed, the charge in the one case and the payment in the other are equally improper; furthermore, and notwithstanding the fact that the defendant is not a party directly to the appeal by name, yet, being an officer of the court, he is bound by its decision as to the amount of his fees.
We cannot agree with this contention. An appraiser is not an officer of the Probate Court. He is simply a person appointed by that court to appraise the goods and chattels, rights and credits of the deceased, that shall have come to the knowledge of the administrator, and to make return thereof under oath to said court. See Pub. Stat. R.I. cap. 185, § 2. This being done, he has discharged his trust, and his duties are at an end. He is under no obligation to follow the proceeding any further, not being a party thereto or in any wise interested therein, excepting only as to the matter of compensation for his services. And when, as in this case he has been paid by the administrator, he has no occasion to concern himself further in the premises. The action of the Common Pleas Division, therefore, in cutting down the allowance of the administrator as aforesaid was not binding upon the defendant and did not create any obligation upon him to refund the amount disallowed.
Moreover, the payment in question, as contended by defendant's counsel, was a voluntary payment by the plaintiff, with full knowledge of all the circumstances, and was made without compulsion or duress of person or goods, and for this reason cannot be recovered. 1 Parsons on Contracts, 482. Benson
v. Munroe, 7 Cush. 125: Brisbane v. Davis, 5 Taunt. 152;Brown v. McKinley, 1 Esp. 279; Faber v. Appleton, 5 Cush. 155; Beard v. Beard,
The plaintiff's counsel relies on the case of Walsh v.Raymond,
We do not wish to be understood as deciding that the point taken by the defendant's counsel, viz., that the payment was made in the exercise of the administrator's statutory power to compromise, (Pub. Stat. R.I. cap. 184, § 32,1) is sustainable. The statute only authorizes an executor or administrator to compromise claims, "in the same manner and with the same effect as the testator or intestate might have done." This evidently limits the power to claims existing at the time of the decease of the testator or intestate.
Petition for new trial denied, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant.
SEC. 32. Executors and administrators may submit to arbitration or may adjust by compromise any claims in favor of or against the estates by them represented, in the same manner and with the same effect as the testator or intestate might have done.