Joseph P. Bradley

“ With this view, we see no better disposition to be made than to increase somewhat the percentage of interest in the lands to be reserved to the complainants, and to order a division of the lands to be made, if they shall so desire. This will enable each party to obtain and secure his or their own rights without sacrificing those of the others. To allow the complainants to go before the master in the Gay suit, and prove their antiquated claims, principal and interest, would enable them to sweep away nearly all the property, and leave the creditors nothing. ”

“ In that case William Gay, a judgment creditor of Oliver J. Morgan, deceased, to the amount of $33,250, besides interest, filed a bill on behalf of himself and all other creditors of the deceased who might come in and contribute to the expenses of the suit, to subject five certain plantations in Carroll parish, La., of which Oliver J. Morgan had died possessed, to the payment of his debts, and to set aside as fraudulent and void a pretended judicial sale of said plantations made to certain of the defendants in January, 1869. ”

“ That the master might apply for instructions, especially as to whether the succession of Julia Morgan was entitled to any portion of the proceeds arising from the sale of the lands, by virtue of said act of donation and sale made to her by Oliver J. Morgan in 1858, so far as said act was a sale and not a donation. ”

“ Instead of dismissing the bills of the complainants, we think that those bills, being in the nature of cross-bills in the suit of Waters, (now Mellen,) administrator of Gay, against the executor of Morgan and others, should be retained and consolidated with that suit ”

“ Louise dying, left her father, Buckner, and her half sister by a second wife of Buckner, her heirs. So that the succession of the Morgan-Kellam line has come to be represented by entire strangers. The other bill is filed by Narcissa Keene, wife of Matthew F. Johnson, and Julia H. Morgan, wife of George G. Johnson, their husbands joining for the sake of conformity. It is filed as an original bill in the nature of a supplental bill and cross-bill, against Stephenson Waters, (for whom Delos C. Mellen has been substituted,) administrator, etc., of William Gay, deceased. ”

“ We think, however, that it would be proper, not as a matter of strict right, but on equitable grounds, that they should have some allowance or consideration, beyond the use of the property, for improvements which they have placed upon it, and for restoration of its condition after floods and other devastations. ”

“ It shall not be necessary for minor heirs to make any formal acceptance of a succession that may fall to them, but such acceptance shall be considered as made for them with benefit of inventory by operation of law, and shall in all respects have the force and effect of formal acceptance.' 'Art. ”

“ The question arising from the incapacity of minor heirs has already been adverted to.
Upon the final hearing of the cases as consolidated, the court below, on the 15th of June, 1886, made the following decree, to-wit: 'These consolidated causes came on to be heard at this term on final hearing, and were argued by counsel, and thereupon, upon consideration thereof, it is ordered, adjudged, and decreed by the court that the bills of complaint of the complainants, John A. Buckner and others, and Narcissa Keene, wife of Matt. ”