Carr's adm'r v. Chapman's legatees

5 Va. 164
CourtSupreme Court of Virginia
DecidedMarch 15, 1834
StatusPublished

This text of 5 Va. 164 (Carr's adm'r v. Chapman's legatees) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr's adm'r v. Chapman's legatees, 5 Va. 164 (Va. 1834).

Opinion

Carr, J.

The argument in this case, though on a preliminary question, was very elaborate, and calculated to give a full view to the whole subject. The great question discussed was, whether under the circumstances as disclosed by the bill and answers, particularly, the length of time, the case ought to have been sent to account; and even if it was not error to order an account, whether the bill ought not to have been dismissed on the return of the commissioner’s report? After a diligent and anxious examination of the authorities and the reasons applying to the case, I am of opinion, that considerations both of private justice and public convenience, forbid courts of equity entertaining bills of this kind.

In the case of Smith v. Clay, reported in a note to Deloraine v. Browne, 3 Bro. C. C. 639. lord Camden says, “ A. court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence; whore these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was always a limitation to suits in this court. Expedid reipublicce ut sit finis litium, is a maxim that has prevailed in this court in all times, without the help of an act of parliament.” This case was decided in May 1767, and has ever since been considered a leading authority. This is shewn by the frequency with which it [172]*172is referred to, and always in terms of high commendation. Thus, in Pickering v. Ld. Stamford, 2 Ves. jr. 282. (and I might cite many others) the master of the rolls, referring to lord Camden’s opinion in Smith v. Clay, says, “ there a great deal of sound doctrine laid down, with regard to parties neglecting to prosecute their rights, in a manner which very much distinguishes the decrees of that noble lord.” Lord Camden further lays it down, “ that as often as parliament had limited the times of actions and remedies to a certain period in legal proceedings, the court of chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity (which, by its own proper authority, always maintained a limitation) to countenance laches, beyond the period that law had been confined to by parliament.” Thus, the statute of limitations is as good a plea in equity as at law; and will bar a bill for an account (for example) whenever it would be a bar to an action at law on the same account. It is laid down, however, in many cases, that the statute cannot be used as a bar in matters of trust; yet this expression, though general, is by no means to be understood as comprehending all cases of trust. Every deposit is a trust: every one who receives money to be paid to another, or to be applied to a particular purpose, to which he fails to apply it, is a trustee, and may be sued either at law, for money had and received, or in equity as a trustee for a breach of trust; Scott v. Surman, Willes Rep. 404, 5. But to these, and various other cases of direct trust, the statute applies, because they may be the subject of a suit at law as well as in equity. “ The trusts intended by courts of equity, not to be reached or affected by the statute of limitations, are” (as chancellor Kent well expresses it, in Kane v. Bloodgood, 7 Johns. Ch. Rep. 111.) “ those technical and .continuing trusts, which are not at all cognizable at law, but fall within the proper, peculiar and exclusive jurisdiction of equity.” But though to these the statute cannot be pleaded, it would be great mistake to conclude, that they are not affected by the presumptions, and public incon[173]*173venience, arising from length, of time. In Harmood v. Oglander, 6 Ves. 199. 217. the muster of the rolls says, that “ he should be very sorry to have it understood to be the rule of this court, that there is no limitation whatsoever to trust estates; and that, let the legal estate once get into a trustee, the cestui que trust may permit others to enjoy the property, and come to this court at any distance of time for an account.” It would be perfectly alarming. I do not consider executors and administrators such fiduciaries as come within the definition of strict technical trustees. Legacies, however, are thus far within the rule, that before the assent of the executor, there is no remedy for the recovery of them, but by bill in equity. The statute cannot be pleaded as a bar to them: yet equity, always averse to stale claims, will not “ be called into activity” in aid of legatees, after great length of time; especially, if the original parties are all dead, and their representatives allege their inability to furnish the accounts. It was said, that this rule did not apply to residuary legatees; but 1 think it applies to them especially ; for their claim always involves a settlement of the whole accounts of the administration. The case before us too, is still more complicated, for the bill demands, as mixed up with the executor’s accounts, the settlement of a long existing partnership, which had terminated forty years before the suit was brought. The cases against entertaining such antiquated claims, are numerous, la Lacon v. Briggs, 3 Atk. 105. there was a bill for an account; the statute was pleaded, but this was gotten over by the will of the defendant’s testator, rvhich, creating a trust for the payment of his debts, had revived this. Another objection to the account was, the expensiveness of taking it, after such a length of time (seventeen years had elapsed), and also, that the executor could have no means of checking the plaintiff’s account: Lord Ilardwicke said, “ I am of opinion, that if I should decree an account to be taken in this case, I should make one of the worst precedents, that a court of equity can make, for disturbing the peace of families.” In Bonney v. Ridgard, 1 Cox 145. A. devised his several estates to his wife [174]*174and three daughters, to be equally divided among them, and desired that the estates might be sold by his executors &c.; he left his wife and another executors; she alone proved the . gjle marrjecj again, and with her husband, sold the lanc^ in payment of a prior debt of his, to one having notice of the trust: the sale was in 1752; the youngest child came of age in 1764; the bill was filed by the children for an account, and to be let into their shares: the exact time of commencing the suit, is not stated, but the hearing was in 1784. Lord Kenyon considered the transaction one which would have been set aside, and relief given, if the bill had been filed in time; but upon the length of time which had elapsed, between the plaintiffs’ right accruing and their prosecuting it, he refused relief. He says, “ the testator died in 1748 ; the youngest child came of age in 1764; and though I admit the statute of limitations does not affect trusts, yet this , court from a principle of convenience, has borrowed an analogy from that statute. In this case, I think the length of time ought to bar; and if the authority did not say so, I would make the precedent, for this very case shews the good policy of the rule.

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Related

Kane v. Bloodgood
7 Johns. Ch. 90 (New York Court of Chancery, 1823)
Bolling v. Bolling
5 Munf. 334 (Supreme Court of Virginia, 1817)
Coleman v. Lyne's
4 Rand. 454 (Court of Appeals of Virginia, 1826)

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Bluebook (online)
5 Va. 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrs-admr-v-chapmans-legatees-va-1834.