Elwell v. Pierce
Elwell v. Pierce
Opinion of the Court
(after stating the facts). The first question that challenges our attention in the consideration of this case is the question of jurisdiction. It is urged by counsel for the defendants that the equity court is not the proper forum in which to bring this action, because, as it is said in their brief:
“There is nothing in this case to take it out of the general rule of claims against the estate of deceased persons.”
This bill is filed by the administrator and the heirs of Jeanette Parish to enable the administrator of the estate to marshal the assets of the estate and to bring such assets into the probate court to be distributed
The other questions which are presented and argued in the briefs involve the question of laches, because of the plaintiffs’ failure for so many years to bring some appropriate action; also the question of the validity of the instruments called quitclaim deeds and the adequacy of the consideration therein expressed.
The relief prayed for in the cross-bill of the defendants is based upon the effect and validity of these three so-called quitclaim deeds. The first, made by plaintiff Luella Parish Delano and her husband to Horace H. Pierce, it is alleged in the bill of complaint, was in the ordinary form of quitclaim deed used in this State. In the instrument there is a special provision, which is set up in the bill of complaint as follows:
_ “This deed is intended by 1st .parties to convey all rights to above described land possessed by them as heirs of Jenett Parish and also any and all rights to said premises and all personal property of said Jenett Parish which she shall be possessed of at the time of her decease to which the 1st parties would be entitled as heirs if this deed were not made.”
A similar provision is contained in the instrument given by Eugene M. Parish and wife. The third instrument, given by Lavilla Parish, was a quitclaim deed in the form in common use, without any special provision. Counsel for defendants, in the discussion of the effect of these instruments, do not claim that
The demurrers to the bill of complaint and also to the cross-bill are hereby overruled, and the case is remanded to the court below with the direction to the parties to file proper pleadings to bring the case to an issue under the rules of the court. Costs to plaintiffs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.