23 W. Va. 195 | W. Va. | 1883
Suit in equity brought March 2, 1874, by L. D. Woodyard ¡and Pliebe. R., his wife, against George W. Buffington, administrator of William Buffington, deceased, to compel a ^settlement of the administration account of the defendant .and to recover from him the distributive share of the female plaintiff in the estate of her father, the said William Buffing-ton, deceased.
It appears from the bill that said William Buffington died intestate, leaving a widow and thirteen children as the dis-tributees of his estate. Only two of these are made parties Iby the bill, the female plaintiff and the administrator, George W. Buffington, the latter being made such only as administrator and not as a distributee. Two of‘the other children were made parties plaintiffs on their own petition; but neither .the widow nor any of the other children were made
It is an elementary principle, which requires no citation of authorities to support it, that no valid decree can be pronounced in favor of or against any person who has not appeared or been made either a formal or informal party to the cause. And it is equally well settled, that to a suit brought by one or more distributees or general legatees of the estate of a decedent for a settlement of such estate and the recovery by the plaintiff of his distributive share thereof, not only the administrator but also all the distributees or general legatees must be made parties before any decree can be made in such suit.
In this cause it appears that all the distributees were not made parties and for that error the decree of the’circuit court must be reversed with costs -to the appellants; and the cause is remanded to the said court with leave to the plaintiffs to amend their bill making thereto the proper parties and for further proceedings there to be had therein according to law and equity.
Beversed. Remanded.