Opinion
12-24-1890
CHAMBERLAIN v. CHAMBERLAIN.
O. I. Black well, for complainant. R. S. Kuhl, for defendants.
Bill for relief.
O. I. Black well, for complainant. R. S. Kuhl, for defendants.
BIRD, v. C. I can find no grounds in the bill filed in this case to justify the court of chancery in assuming jurisdiction. Nothing is presented which would warrant this court in coming to the conclusion that the orphans' court, under the provision of the act extending unto it jurisdiction in such cases, cannot do adequate justice to all the parties concerned. The bill is filed for the purpose of having this court order the executors to sell real estate, of which the testator died seised, to pay his debts, and to direct them as to the manner in which they should proceed in so doing. It is alleged that the personal property is only worth about $1,800, while the liabilities amount to $4,800, and the value of the real estate is but little over $6,000. It seems to be the impression of counsel that, because the real estate was all devised by will, it was necessary that the executors should come into this court in order to raise funds by the sale of the real estate, for the purpose of discharging the debts which remain unpaid after the appropriation of the personal estate to that purpose. There is no necessity whatever for the intervention of this court. The orphans' court act expressly provides the remedy in every such case, both in cases of testacy and intestacy. See section 73 et seq., Revision, p. 767. These varioussections provide not only for the time and manner of making sales, but also for the equalization of the burdens resulting therefrom between the heirs and devisees. Notwithstanding certain of the defendants here are not infants, and have answered, and have not raised any objections to the bill, yet, my conclusion is that the bill should be dismissed, and I will so advise.