Opinion
05-17-1886
REEVES, Trustee v. DAVIS and others, Ex'rs.
Mr. Hillard, for defendant. Mr. Sparks, for complainant.
On bill for injunction and account. Motion to dismiss bill for want of equity.
Mr. Hillard, for defendant.
Mr. Sparks, for complainant.
BIRD, V. C. According to the statements in the bill, J. A. D. was trustee for I. B. R., and made his will, naming his executors, and died in January, 1885. His executors presented an account, in May following, to the orphans' court, which was considered and approved by the court, by which account it appears that J. A. D., the trustee, had in his hands at the time of his death $1,083.73. The testator died seized of two lots of land and other estate worth not over $2,000. The complainant was appointed trustee for I. B. R. in August, 1885. He has demanded the money due the cestui que trust of the executors of J. A. D., but they refuse to pay. The testator devised all his lands to his wife, who is executrix, who, with the executor, intends to sell the land, as the complainant believes. The bill then charges that upon a fair settlement there would be a large sum of money due to the complainant as trustee. There is a prayer for an account, and for an injunction.
I can see no allegation upon which this bill can be maintained. It shows that the executors filed an account in the orphans' court, and obtained the judgment of that court on the amount in the hands of their testator at the time of his death as trustee. There is no allegation of fraud in that accounting, or in procuring the decree of the court. Nor is there any charge that other moneys or assets of any kind have been discovered. Indeed, the whole case is barren of any fact or allegation upon which this court can make a decree. Consequently the bill is devoid of equity, and ought to be dismissed. I will so advise.
The defendant is entitled to costs.