Cram v. Green
Ohio Supreme Court
This cause was adjourned from the county of Washington. The bill states that Jonathan Cram died intestate, leaving considerable estate, and that letters of administration were taken by his widow, the defendant, Sarah Green, who subsequently intermarried with the other defendant. That the complainants are the next of kin of the decedent; that the defendants have neglected and refused to settle their administration accounts, or to make distribution of the estate.
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This cause was adjourned from the county of Washington. The bill states that Jonathan Cram died intestate, leaving considerable estate, and that letters of administration were taken by his widow, the defendant, Sarah Green, who subsequently intermarried with the other defendant. That the complainants are the next of kin of the decedent; that the defendants have neglected and refused to settle their administration accounts, or to make distribution of the estate. The prayer of the bill is to obtain settlement and distribution. The defendants demur.
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
We consider it a well-settled course of chancery, at the instance of creditors, legatees, and the rest of kin, to compel an account and distribution of decedent’s estates against executors and administrators. The position they occupy is not in their own right, 430] but fiduciary ; any one whose interests they hold, may *enforce them, through chancery, to perform their duty in the execution of the trust.
The argument for the demurrants is this: Our statute limits the jurisdiction of chancery to cases where no plain and adequate remedy can be had at…
2Cited by4 opinions
- Taylor v. Executors of HuberOhio Supreme Court · 1862
- Discover Bank v. OwensCity of Cleveland Municipal Court · 2004
- Eggar v. CorwinOhio Court of Appeals · 1918
- Varsey v. VarseyOhio Court of Appeals · 1916