Kerfoot v. Dandridge
Kerfoot v. Dandridge
Opinion of the Court
This is a second appeal in this cause; the first vas by-Serena C. Dandridge, from a decree of March 9, 1898; opinion reported in 45 W. Va. 673. The present appeal is by Hugh S. White, executor of Blackburn Hughes, deceased, and J. W. Gardner, committee, administrator of said Serena C. Dandridge, deceased, from a decree of October 29, 1907.
The decree now before us brought- the cause on for hearing ■on the reports and supplemental report of the commissioner, to whom the cause had been referred, to state and settle the accounts in accordance with the decree and mandate of this Court -on the former appeal. Sundry exceptions to said reports, by Craven TrusselFs • executor, were sustained, because of errors therein, and because said reports, in the opinion of the court, did not “trace the full disposition of the fund so as to enable the court to arrive at a correct conclusion and disposition of the case.” Without, however; recommitting the cause to the commissioner, the court, of its own motion, adopted and filed, in lieu of a report by a commissioner, a “Detailed Statement”, made by counsel for the heirs at law of said Craven Trussell, deceased. Finding from this statement that there was due Sarah P. Hughes, deceased, the sum of seven hundred and twenty-eight dollars and' twenty-nine cents, and that said Serena C. Dandridge, to whom, by decree of May 18, 1901, the last distribution had been made, had been overpaid seven hundred and five dollars, it was decreed that Hugh S. White, executor of Blackburn Hughes, deceased, sole distributee of said Sarah P. Hughes, deceased, recover of J. W. Gardner, sheriff, committee, and administrator of said Serena C. Dandridge, deceased, the sum so overpaid her, to be credited on the sum so found due said Sarah P. Hughes, leaving a balance due her of ninety three dollars and twenty-nine cents, and that said White, ex-
The first point of error relied on by counsel for the estate of Serena C. Dandridge is, that the decree appealed from deprives that estate of the benefits of a decree adjudicating the rights of decedent, of May 28, 1901. The latter decree, although it brought the cause on to be heard on the reports of said Green, commissioner, and the several exceptions thereto, sustained by the decree now before us, in terms reserved the questions presented by said exceptions; but finding “from the orders entered in the cause and from the reports of the special commissioner of sale, showing the amount of moneys that have come into the cause,” that there was due said Serena C. Dand-ridge “from the 'fund in the cause an amount greatly in excess of her purchase money bond”, then held by special commissioner Trapnell, dated October 13, 1891, for seven hundred and ninety-three dollars and ninety-four cents, it was thereby decreed, that said special commissioner “do cancel said bond, and deliver the same,” to her or her attorneys, and that he also “execute and deliver” to her’ “a deed for the land purchased by her in this cause.” .
By the same decree the cause was “again referred to commissioner T. C. Green”, and who was directed thereby to report: First, fhe amount due Hugh S. White, executor of Blackburn Hughes, deceased, sole distributee of said Sarah P. Hughes, deceased, after charging her interest with all debts chargeable thereto; second, the amount of the payments, with interest on the same, on account of the interest of A. S. Dandridge, Jr., and L. P. Dandridge, in excess of their share, and to whom such excessive payments were made; stating further such other matters as he might deem pertinent, or that any party should require.
That decree of May 28, 1901, was never appealed from. Was it final or appealable as to the matters adjudicated against the estate of Serena C. Dandridge, in the decree now before us? If so, the latter decree is erroneous, and should be reversed. That decree did find, not upon the reports of eom-
It was said of that decree, as it may be said of the decree now before us, that it is only necessary to understand the object of the suit, and the matter which it called upon the court to determine, to see that among the questions reserved, are some of the most important principles of the cause, and of course the decree is not appealable. The point of the syllabus applicable here is, that the statute authorizing an appeal, where there is a decree adjudicating the principles of the case, is available only where the decree appealed from adjudicates all questions raised in the cause by pleadings or otherwise. Other cases illustrating the application of the rule, and which we think justify our conclusion as to the decree of May 28, 1901, are referred to in the eases already cited.
It follows, that if that decree 'was not an appealable decree, the statute of limitations does not apply, and that, on principles announced in Keck v. Allender, 42 W. Va. 420, Smith v. Evans, and Laidley v. Kline, supra, the court below, regardless of that decree, had jurisdiction to finally adjust and adjudicate the accounts between the parties, and that all matters not finally adjudicated and disposed of by that decree are now before us for review on the present appeal.
This brings us to the consideration of the alleged errors in the decree of October 29, 1907. Was there error in the decree of May 28, 1901, which the court below could correct by that decree? Though relying on the conclusiveness of that decree, as to the status of the account of Miss Dandridge, counsel nevertheless insist there was no error in her favor therein, or prejudicial to the rights of the other distributees. On the contrary they insist that the record demonstrably shows that decree to have been clearly right. They undertake to show, by reference to particular items, errors and omissions ih the reports of commissioners, and dealt with in the present and in prior decrees, which, when readjusted according to- their views, will show the status of the account of Miss Dandridge practically as recited in the decree of May 28, 1901, and said “Detailed Statement” correspondingly erroneous. Reference is first made to disbursements on account of the so called Porter debt; the first, by decree of December 4, 1883, of $1,822.00; the second,
Another item,.equally affected by the argument based on the appropriation of the dower money, is the item of $198.37, a portion of the debt of the First National Bank of Jefferson, charged against the estate of Miss Dandridge, disbursed under an order of June 11, 1881. But it is also argued that it appears from the record that this bank obtained a judgment against Lemuel P., A. Stephen, and Serena C. Dandridge, jointly, in the order named, and that, without other evidence of the fact, the court should assume, from the order in which defendants were named in the judgment and petition filed, that Serena C. Dandridge was the last endorser on the note sued on,
A. complete answer, we think, to the argument relating to all disbursements made prior to or subsequent to May, 1885, is that presented by counsel for appellees, namely, that by decree of May 26, 1885, the court undertook to and did adjudicate the rights of the parties, fixing the amounts of the various debts decreed against the several distributees, and their priorities, and the proportions in which they were respectively liable, and this, so far as the record shows, was the only decree that did so. This decree we understand is the basis of the “Detailed Statement” of counsel, adopted in lieu of a commissioner’s report, and of the final decree o'f October 29, 1907. That decree adjudged, with respect to the Porter debt and other debts with which the account of Serena C. Dandridge,' Jr., should be charged as distributee, that the executors of said Porter be paid the sum of sixteen hundred and sixty-four dollars and fifty-seven cents, with interest, out of the distributive shares of A. S. Dandridge, A. S. Dandridge, Jr., E. P. Dandridge, L. F. Dandridge, Serena C. Dandridge, and Sallie P. Dandridge, and adjudged the same to be a second lien as to E. P. Dandridge and Serena C. Dandridge, a thirteenth lien as to A. S. Dandridge, and a sixteenth lien as to L. P. Dand-ridge, the Serena C. Dandridge, referred to, being Serena C. Dandridge, Jr. And with respect to the debt of the National Bank of Martinsburg, it was decreed that the sum of five hundred and twenty-four dollars and forty-six cents, found due to it, be paid out of the interest of Lemuel P. Dandridge, A. Stephen Dandridge, Jr., and Serena C. Dandridge. How can we go back of this decree to readjust accounts as between distributees, or creditors? We cannot do so. The rules and principles which counsel invoke to support the finality of the decree of May 28, 1901, inapplicable to it, are applicable to the decree of 1885, and preclude us from reconsidering on this appeal any errors therein.
The only other point of error relied on and covered by the
This we believe disposes of all errors assigned. Great inequalities may exist in the distribution of the funds disposed of in this cause; if so, this Court is not responsible for them, the fault must he chargeable to those who had the management of the cause in the court below. It is much to be regretted that so little attention was given to necessary details, and that the record has become so involved in confusion that even and exact justice cannot be administered. To now attempt to correct supposed errors in the decree appealed from would be a hopeless undertaking. Binding no error therein we affirm the decree below.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.