Smith v. Heirs & Creditors of Thomas

Freeman, J.,

delivered the opiuion of the court.

Two questions only are presented in this case, growing out of the administration of the estate of Jas. H. Thomas, late of Maury conuty :

First, Whether the rents of the real estate of which he died possessed, which accrued after filing the present bill, to have the will construed, and the estate settled in the chancery court, in which a sale of the land is sought to pay debts, can properly be applied to the payment of debts as against the heirs or devisees under the will, either as a matter of law or under th.e provisions of the will of testator.…