Bowman's Exrs. v. Bowman
Bowman's Exrs. v. Bowman
Opinion of the Court
OPINION by
By the fifth clause of the will of Abram H. Bowman he directed that his farm in Mercer county, his home place and Johnson place
In a few months after the death of the devisor his daughters required a sale of the land and the same was sold by his executors as directed by the will. The right of the daughters to require a sale is not controverted, and it is plain from the language of the will that the devisor intended to give to a majority of his daughters tire right to a sale whenever they saw proper. One of the four daughters, Mrs. Rowland, married before the death of the testator and two shortly after his death, and the other was unmarried at the institution of this action. The executors, after they had qualified and by reason of the plenary power given them by the will, proceeded to apply the personal estate for the benefit of the unmarried daughters and the infant, or rather to authorize expenditures for their benefit, expecting to realize from the personal estate and the growing crops a sum sufficient to reimburse them. It appears that the estate was indebted in a much larger sum than was supposed by either the executors or the testator, and that in the payment of the debts the entire personal estate was exhausted, in-
But while this is- equitable as between the children there is but little justice or equity in rejecting altogether the accounts of the executors against Mrs. Ford, Mrs. Kinnard and Lucy A. Bowman. That these expenditures were actually made for the daughters is not denied, and a portion of the account against one of them was her wedding outfit; and in assuming the liabilities on account of these devisees the executors acted in the best of faith. It is urged that no payment can be made out of the proceeds of the land assigned to these particular devisees because their interest is devised to them for life only and then to their children. The income, however, they are entitled to, and whatever the income of the trust estate is the executors must have ijn order to reimburse them. The entire trust estate, including what has been paid over and what is due from the executors, must be loaned out by the trustee and the income paid over to the executors until their demand is satisfied, each one’s interest being liable only for the amount they individually owe. The parties are all before the court, and before any personal judgment can be rendered against the executors in favor of those of the devisees who are indebted to them, they must
The chancellor should therefore ascertain the full amount owing by these three devisees, Mrs. Ford, Mrs. Kinnard and Lucy Bowman, and in requiring them to pay over to the trustee the amount owing each by the executors, should also ascertain the sum in the hands of the trustee and require him by the judgment to pay the income of each to these executors until their several demands are satisfied, and retain the case upon the docket that the judgment may be enforced as the income falls due. It is claimed as error that no personal judgment should have been rendered against the executors, as it was a petition for a settlement of the estate only and no personal judgment was asked. It appears that the money was in their hands and they could have relieved themselves of the judgment by paying it over to those entitled, and if this was the only error no reversal would be had. The devisees are not complaining of the allowance to the guardian ad litem, and we can not say that it was too large a sum.
This judgment is affirmed as to all but Ford and wife, Kinnard and wife, and Lucy Bowman. As to them the judgment is reversed and cause remanded for proceedings consistent with this opinion. The appellants are entitled to a judgment for costs against them, and the remaining appellees to a judgment for costs against appellants. It would perhaps be better for appellants to file an amended pleading, asking that the income be appropriated by the trustee to the payment of their debts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.