Vann v. Vann

U.S. Court of Appeals for the Second Circuit December 15, 1881

Vann v. Vann, 71 Ala. 154 (2d Cir. 1881)

Stone

Opinion of the Court

STONE, J.

The decree of the chancellor rendered in this cause must be affirmed on two grounds. The debt,, for the payment of which the bill seeks to have the lands of the testator sold, was contracted by the executors in 1861, and, at that time, imposed only a personal liability on them. For aught that appears in the bill, the executors may have been largely in default to the estate, and the will gives them no power to contract debts on the credit of the estate. And, as a debt against the lands devised, the claim had long been barred by the limitation of six years, when the present bill was filed.-Steele v. Steele, 64 Ala. 438; Vanderveer v. Ware, 65 Ala. 606; Maybury v. Grady, 67 Ala. 147.

Affirmed.

Reference

Full Case Name: Vann v. Vann, Ex'rx
Status: Appeal from Bussell Chancery Court. Heard before Hon. Jira. Al Fostee. The bill in this cause was filed on 6th October, 1880, by Joseph Vann against the surviving executrix and the devisees.of Joseph M. Vann, deceased, and the case made thereby is as follows: Joseph M. Vann departed this life in 1859, seized and possessed of a large and valuable estate, consisting in part of a plantation and slaves and other personal property, and leaving a last will and testament, in which the testator nominated Henry M. Vann, his brother, and Elizabeth Vann, his wife, as his executor and executrix, and directed that his estate should be kept together and managed by his said brother and wife, until his youngest child should arrive at the age of twenty-one years; and authorizing them' to buy. and sell property for the benefit of his estate, ánd to transact any business pertaining to the interests of the estate without any order of. court; and providing further that they should not be compelled to make any return to any court of their actings and doings, the testator expressing, as a reason therefor, “full faith and confidencé in their prudence and integrity.” After bequeathing certain specific legacies to his wife and children, the testator directs, that when his youngest child should attain the age of twenty-one years, all his land negroes and other personal property remaining on hand should be sold and equally divided among his children. The will was duly probated, and Henry M. and Elizabeth Vann were appointed the executor and executrix thereof, on 12th April, 1860, without bond. They acted jointly as such executor and executrix until 19th February, 1875, when Henry M. Vann died. Since that time the said Elizabeth has continued to act as' executrix of said will. In and during the year 1861, the complainant, under a contract with said executor and executrix, took charge\ of