23 Ind. 580 | Ind. | 1864
This was an action of ejectment. The appellees, who were the plaintiffs below, claimed title as the heirs at law of Icophena Hunter, deceased, and the defendant claimed by purchase from the guardian of David S. Meritor.
Samuel D. Hunter died testate, seized of the lands, leaving a widow, a daughter, Icophena, and an adopted son,
The widow and Icophena died in 1853. The estate of Samuel D. Hunter was settled in 1856, and in 1857 David’s guardian sold the land in due form of law to the defendant, for the purposes of David’s maintenance and education, and for reinvestment in other lands, David being then about sixteen years of age. He died childless in October, 1861. He had no other estate.
That the purchaser at the guardian’s sale could take no greater estate in the land than the ward had, is a proposition so clear that it would be scarcely pardonable to dwell upon it. The pertinent inquiry then is, what was the nature of the estate of David 8. Meriter in the land in controversy? Apart from that clause in the will which provides for defraying a portion of the expenses of the
The effect of the provision for defraying the expenses of young Meriter’s education out of the land remains to be considered. It will be observed that this is a charge, not upon the estate devised to Meriter merely, but upon the land itself. It was for his benefit. Is it such an interest in the land as will be deemed to enlarge his estate therein beyond what it would otherwise be ? It seems to us clearly not. The charge was simply a lien upon the land, to be enforced by the executor, in order to raise funds for the specific purpose; or, in case of his neglect, the lien might have been otherwise enforced, on behalf of the beneficiary, by a proper suit, which might have resulted in a sale which would have vested the whole estate in the purchaser. But to any such suit these plaintiffs must have been made defendants, otherwise their title could not be affected. They were entitled to their day in court, that they might show cause against enforcing the lien, or advance the necessary funds, and in that way prevent the sale. Having been denied such opportunity, the sale must be held Amid as to them. Potter v. Gardener, 12 Wheat. 498; Taft v. Morse, 4 Met. 523.
The conclusion is unavoidable that the estate of the purchaser at the guardian’s sale was defeated by the death of young Meriter without issue, and that thereupon the plaintiffs were entitled to the possession of the land.
Judgment affirmed, with costs.