Vandyke v. Chandler

If a creditor of an insolvent estate, negloet to exhibit, under oath, his claim to the administrator of his deceased debtor, within the time prescribed by the rule of the Orphans’ Court, for that purpose, he will not be allowed to come in for a ratable proportion of the estate of the deceased, in the hands of the administrator.

This cause came before the Court, upon the following state of facts: — George Chandler, the defendants’ testator, having purchased of George H. Burr, a certain plantation, in order to secure the balance of the purchase money, amounting to eight thousand three hundred and fifty dollars, executed and delivered > the said George IF Burr, several bonds, bearing date the 13th day of May 1815 : Conditioned for the payment of the said balance of $8,350, and executed a mortgage the same day on the said plantation, to secure the payment of the money due upon the said bonds. On the 6th day of January 1821, the said George H. Burrs by deed of assignment, granted, conveyed and assigned the said bonds, mortgage and mortgaged premises to Richard W. Meade. On the 2d day of December 1822, the said Richard W. Meade, assigned unto the sard plaintiffs, the said bonds and indenture of mortgage and mortgaged premises. The said George Chandler, the defendants’ testator, died on or about the 1st day of September eighteen hundred and twenty-three, having first made arid published his last will and testament, in due form to pass real' estate, and thereby devised the said mortgaged premises to the said George Chandler and Edward Chandler, the defendants, subject to the said mortgages. George Chandler, died in September 1823, and administration with the will annexed, was granted to the defendants. The plaintiffs having caused a suit in Chancery, to be instituted .January term 1824, to foreclose the equity of redemption In the said mortgaged premises, against the said George Chandler and Edward Chandler, as administrators and heirs of George Chandler; such proceedings were had therein, that on the 24(hday of May 1824, a decree was made, that there was due to the said plaintiffs on the said bonds and mortgages, the sum of nine thousand nine hundred and eighty*three dollars and seventy cents, besides costs. On the 11th day ofÁngust 1824, the sheriff of the county of Burlington, made sale of the mortgaged premises, by virtue of the said decree, for the sum of nine thousand four hundred and seven dollars and seventy-five cents, at which day there was due to the plaintiffs for principal, interest and costs, on the said decree, the sum of ten thousand five hundred and six dollars and eighty-three cents, being one thousand and ninety-nine dollars and eight cents more than-the amount of sales of the said mortgaged premises; to recover which balance the plaintiffs instituted’the present suit against the defendants. On the 22d day of September 1823, the defendants proved the will of their testator, and took out letters of administration, cum testamento an-5*exo. In the. term of August, A. D, 1824, Edward Chandler» one of the defendants, who solely acted in the administration of :hc to tale of his testator, represented to the Orphans’ Court of the coutity of Burlington, in writing, and under solemn affirmation, conformably to the provisions of the act entitled, “ An act concerning the estates of persons who die insolvent, and that the personal and real estate of the said George Chandler, deceased, was insufficient to pay the debts of the said deceased, according to the best of his knowledge and belief, whereupon the said Court in the term of August aforesaid, did order and direct the administrators of the said George Chandler, deceased, to give notice in the usual manner, to the creditors of the estate of the said deceased, to exhibit under oath or affirmation, his, her and their claims and demands against the said estate, within six months from that time, that such notice was regularly given. That after the said limited time had expired, and at least two months prior to the term of May 1825, the said’defendants did give notice according to law, lhat at the said term of May 1825, they would make report to the said Orphans’ Court, of the several claims and demands which had been exhibited against the estate of the said deceased, under oath or affirmation,’and did aiso give notice according to law, that they would exhibit their account to the said Orphans’ Court for settlement, in the said term of May 1825. At which term of May 1825, the said Edward Chandler acting administrator as aforesaid, did make report to the said Orphans’ Court of the several claims and demands which had been exhibited against the estate of the said deceased, under oath or affirmation, and did also exhibit to the said Court at the same time under solemn affirmation, a true and just account of the moneys, goods, chattels, rights and credit's of the decedent, which had come to his knowledge, hands or possession ; and did further report to the Court on solemn affirmation, that no real estate of the said decedent within the state of New-Jersey, had come to his knowledge; and in August term 1825, a decree of the Orphans’ Court was made, declaring the estate of the deceased insolvent, and directing a distribution of the balance of the estate remaining in the hands of the administrators, to be distributed among the creditors who had exhibited their demands. That by the account of the defendants, as decreed by the said Orphans’ Court, they had received personal estate of the said deceased, to the amount of one thousand and twenty dol^ais an<^ sixty-four cents ; that they had paid in preferred debts, expenses and commissions to the amount of three hundred and one dollars and thirty-five cents, leaving a balance in their hands-to be distributed among the creditors of the said deceased, to the amount of seven hundred and nineteen dollars and twenty-nine cents; that claims to the number of eighteen had been exhibited to the defendants under oath or affirmation, within thé time limited by the rule of the said Orphans’ Court, amounting in the aggregate to the sum of one thousand and eight-dollars and eighty-eight cents. That the- claim of the plaintiffs was not exhibited to the defendants or either of them, under oath or affirmation, until August term 1825, six months after the time limited by the rale of the said Orphans’ Court. It is agreed by, and between the parties aforesaid, that if the Court should be of opinion, that upon the foregoing state of facts, the plaintiffs are entitled to a ratable proportion of the balance of seven hundred and nineteen dollars and twenty-nine cents, remaining in the hands of the said defendants, with the eighteen creditors, whose claims were rendered under oath or affirmation, within the time limited by the rule of the said Orphans’ Court, that then judgment shall be so rendered against the defendants in favor of the plaintiffs; and that if the Court should be of opinion that the plaintiffs are not so entitled, that then judgment shall be rendered in favor of the plaintiffs, only for a ratable proportion of such other estate of deceased, as the plaintiffs shall discover, and as has not been inventoried and accounted for by the defendants.