Goodell v. Buck

Evidence. To maintain a bill in equity against an administrator of an insolvent estate, for property received by him, on tbe ground tbat it was beld by bis intestate in trust for tbe plaintiff, tbe burden is on tbe plaintiff to identify tbe property claimed as beld by tbe intestate in trust for bim.

. Bill in equity, submitted upon tbe following agreed statement of facts : Tbe complainant, Richard P. Buck, of Brooklyn, New York, is, and has been for some years past, the owner of 3-16 of the ship Mary Goodell. During the five years next prior to March 9, 1876, William McGilvery, late of Searsport, deceased, was agent of the ship Mary Goodell, and* in that capacity received the earnings for the owners. McGilyery received March 6,1876, the sum of $5578.82, as the earnings of the ship, and declared the same a dividend, and there was due the complainant on said March 6, as his share in the divi-dend, as declared by McGilvery, the sum of $1046.02, which sum McGilvery received and held in his capacity of agent for the ship, and said sum was not in any other manner entrusted to or held by the said McGilvery. The following in relation to the dividend aforesaid is from the dividend book kept by McGilvery. March 6, 1876. By balance of ledger account, $5578.82" To paid owners, viz: Wm. McGilvery, 1-8 $697 35. R. P. Buck, 3-16 1046 02. Mary Goodell, 1-8 697 35. James McGilvery, 1-8 ‘ 697 35. Credit in account. T. H. Buck, 1-8 697 35: - a u a Jere. Sweetzer, 1-8 697 35. a a « Bridge, Lord & Go. 1-16 348 67. a a a Simon Ross, 1-16 348 67. a * u a T. M. Hichborn, 1-16 348 67. a cc a $5578 82. The sum of $5578.82, the dividend received and declared, March 6, 1876, for the ship Mary Goodell, was deposited in 'the Searsport bank, in Searsport, by McGilvery as other money was deposited, as he kept an open account with the bank. , McGilvery at the time of his death had the following sums on deposit: $4528.90 at the Searsport bank in Searsport; $1375 at the 1st National bank in Bangor; $2400 at the Maverick bank in Boston, all of which said several sums from said banks came into the hands of said administrators. McGilvery died March 9, 1876. His estate was duly rendered insolvent, and commissioners of insolvency were appointed. The defendants are his legal administrators, and since their appointment as such, the complainant before filing this bill, demanded of the administrators the sum of $1046.02, the amount due him from the dividend received from’ the said ship Mary Goodell, by said McGilvery, on March 6, A. D. 1876, and the defendants have refused and do refuse to deliver said sum of money to him, unless so ordered to do by this court. The prayer of the bill is, that the defendants in their capacity as administrators may be decreed to deliver to him said sum of $1046.02, held by McGilvery, in his capacity as agent for the ship Mary Goodell, at the time of his death. There is also a prayer for general relief. The answers of the defendants maintain that there is an adequate remedy at law.