Samuel Nelson

“ Without saying, at this time, that an executor, in all cases, may be compelled to account to a party making title to a portion of the estate, after distribution among the legatees and next of kin, unless first procuring an order of the court having charge of the administration, we perceive no reason, under the circumstances of this case, for exonerating them, or turning him round to a bill against the distributees. ”

“ VI. The death of Gooding, in 1838, and Williams, in 1839, just before the treaty, does not oust their title.
No treaty meant to confine a benefit thirty years old to the very persons originally claiming. Nearly all the company were dead. The personal representative stands in the place of the deceased; and the award is of a fund, in augmentation of the estate.
There is no question of relation; the administrator takes as of the date of the treaty or award. It is like a partnership claim, awarded to one partner after the death of another, without administration. It enures to deceased's estate. ”

“ Now, the principle is well settled, in respect to these proceedings in chancery for the distribution of a common fund among the several parties interested, either on the application of the trustee of the fund, the executor or administrator, legatee, or next of kin, or on the application of any party in interest, that an absent party, who had no notice of the proceedings, and not guilty of wilful laches or unreasonable neglect, will not be concluded by the decree of distribution from the assertion of his right by bill or petition against the trustee, executor, or administrator ”

“ It is respectfully submitted, that no other court can thus impeach the decree of the court of appeals of Maryland, which, with full jurisdiction in the premises, determined Oliver's executors to be the owners of Williams's share absolutely, and not as between them and any one else.
The distribution of the fund was a proceeding in rem, and the presence of parties was not necessary. We could not compel administration to be taken out. Must the whole fund wait till they chose to administer? The other side must show that they were not guilty of laches. ”

“ It was only a decree by three, out of a court of six; and they differed on the grounds of the decision. Rec. Williams v. Oliver, 306-308; Craig v. Missouri, 4 Pet. 427; Carroll v. Carroll, 16 How. 275.
It has never been held, that the mere fact of a decision in a state court, on the same papers, binds the United States courts.
It is mere matter of authority; and that only when it relates to some state statute or usage, or real estate title, or peculiar local law. ”

“ It is not a case where a few could sue for all; for the members of the company were only nine, were all known, and could and should have been made parties by name or by their representatives.
(b) But even if it were a case where a few may sue for all, and the bill properly framed, yet the decree in a suit by a few for distribution of a fund among all interested is not ever, in itself, a bar to one who did not come in.
(c) Its only effect is to protect the trustee, and shift the remedy from him or the fund against the party to whom it was awarded. ”

“ The decree of the Maryland court of appeals, in the distribution suit originating in Baltimore county court, adjudging Williams's share in the Mexican Company to Oliver's executors, is conclusive, as to their title, upon all persons, in all jurisdictions. ”

“ V. There can arise no question of the effect of Winchester's assignment as a contract, which, though not capable of being enforced, may yet protect Oliver by estoppel. For
Williams's title is not as insolvent trustee, but as administrator, and since the contract of Winchester, and for property never vesting in him.
No question of estoppel can exist. Fairtitle v. Gilbert, 2 Term R. 171; Pen. Del. Md. Co. v. Dandridge, 8 G. and J. 248; 1 Atk. 354.
Neither does the original turpitude of the claim bar us; for
We do not rest on the Mexican contract. Our title, and our only title, is the award. ”

“ The court in their opinion state, that the grounds upon which they affirmed the judgment in this case were, first, for the reasons assigned by them for their decree in the previous case of Oliver's executors against Gill, permanent trustee of Goodwin.
The grounds for that decree are stated in the record, and as far as material are as follows: 'They are of opinion that the entire contract (the Mina contract) upon which the claim of the appellee (Gill, the trustee,) is founded, is so fraught with illegality and turpitude as to be utterly null and void ”

“ Glenn and Perine filed their answers, admitting the facts set forth in the bill; expressing their willingness to have the proceeds of the awards therein mentioned distributed under the direction of the court to the persons entitled thereto, including the award in favor of those respondents under the agreement in the bill ”

“ The ground assumed was the same with that taken by McBlair, in the preceding case, namely, that if the assignment to Oliver made by the trustee in insolvency was void, the interest of Williams must remain in his personal representatives.
On the 4th of October, 1841, a bill was filed on the equity side of the county court of the sixth judicial district of Maryland state court, by Philip E. Thomas and John White, trustees of Dennis A. Smith, against the following persons interested in the share of Dennis A. Smith, namely: Dennis A. Smith, James W. McCulloh, administrators ”