Ferguson v. Moore

348 S.W.2d 496, 209 Tenn. 29, 13 McCanless 29, 1961 Tenn. LEXIS 348
CourtTennessee Supreme Court
DecidedJuly 26, 1961
StatusPublished
Cited by8 cases

This text of 348 S.W.2d 496 (Ferguson v. Moore) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Moore, 348 S.W.2d 496, 209 Tenn. 29, 13 McCanless 29, 1961 Tenn. LEXIS 348 (Tenn. 1961).

Opinion

Me, Justice Felts

delivered the opinion of the Court.

[31]*31This was a bill in equity brought by the administratrix of Samnel Minter, deceased, for an acconnting and recovery of money of his estate alleged to have been obtained by defendant1 by fraud and under a purported will that had been set aside for fraud and undue influence. The remedies of discovery and injunction were also sought.

Defendant demurred to the bill; the Chancellor sustained the demurrer, dissolved the injunction theretofore granted, and dismissed the bill. Complainant appealed to this Court and has assigned the Chancellor’s action as error. The bill averred the following facts:—

Samuel Minter, a resident of Davidson County, died intestate April 14, 1959, leaving complainant and his other nieces and nephews as his next of kin, entitled to his estate. He had an account of $1,515.75 in bank and a policy insuring his life for $1,500. Defendant was not related to him, but by fraud and undue influence procured him to sign a paper writing as his last will giving her all his property, and to change the policy beneficiary, making her beneficiary.

Upon his death defendant presented this paper as his will and had it probated in common form in the. County Court of Davidson County, and that Court appointed her executrix without bond, she being excused from giving bond by said will and being its sole beneficiary. On May 1, 1959, she had his bank account of $1,515.75 changed to her account as executrix. She also collected his insurance policy.

[32]*32On June 30,1959, complainant and Ms other nieces and nephews contested this purported will; and on July 30, 1960, there was a verdict and judgment entered in the Circuit Court finding and adjudging that this purported will was not the will of Samuel Minter, deceased, but was void because of defendant’s fraud and undue influence; a copy of such judgment being exhibited with the bill.

Following this Circuit Court judgment, there was entered in the County Court of Davidson County, on August 23,1960, a decree adjudging that Samuel Minter had died intestate, appointing complainant administratrix of his estate, reciting that she had qualified as such, and ordering letters of administration to be issued to her, which was accordingly done; a copy of her letters being exhibited to the bill.

The bill was filed September 27,1960, nearly 18 months after Minter’s death. No claims had been filed against his estate except one for $5 for publishing notice to creditors. Defendant had filed no inventory and made no accounting or settlement and no disclosure as to the insurance money collected by her. The bill prayed for a discovery requiring such disclosure, and for an injunction to restrain her from disposing of any funds in her hands.

Defendant’s demurrer was upon two grounds, viz.: (1) Insofar as the bill seeks to set aside the change of beneficiary and recover the policy proceeds from defendant, it fails to show any title or right in complainant to such proceeds; (2) the bill seeks to require an accounting by defendant as executrix appointed by the County Court, which is a matter within the original exclusive jurisdic[33]*33tion of the County Court, and of which the Chancery Court has no jurisdiction.

First: We think the hill sufficiently alleges complainant’s title or right to this insurance money. It avers that her intestate had this policy on his life for $1,500, and was induced by defendant’s fraud to make her the beneficiary, by which she was able to collect the money upon his death; and “that this $1,500 insurance money is the property of the estate, and defendant is accountable to complainant administratrix of the estate. ’ ’

We think this general averment, that “this $1,500.00 insurance money is the property of the estate” and complainant is the administratrix of the estate, was a sufficient averment of the fact. Courts make every reasonable presumption in favor of a bill assailed by demurrer and

“ ‘A general charge or statement of a matter of fact is sufficient, and it is not necessary to charge minutely all the circumstances that may conduce to prove the general charge. These circumstances are properly matters of evidence.’ ” McFarland v. Mass. Bonding & Ins. Co., 157 Tenn. 254, 260, 8 S.W.2d 369, 371, 64 A.L.R. 962.

Second: In support of the other ground of demurrer, defendant insists that the County Court has original exclusive jurisdiction of the “settlement of accounts of executors or administrators” (T.C.A. sec. 16-709); that this bill sues defendant for an accounting as 'executrix; and that such a suit is within the exclusive jurisdiction of the County Court, and the Chancery Court has no jurisdiction of it.

[34]*34The Chancery Court of Tennessee has the inherent jurisdiction of “all cases of an equitable nature” which was exercised by the Lord Chancellor of England, as an equity judge. Lake v. McDavitt, 81 Tenn. 26, 30. Recognizing such jurisdiction, our statute provides: “The Chancery Courts shall continue to have all the powers, privileges, and jurisdiction, properly and rightfully incident to a court of equity, by existing laws” (1858 Code, sec. 4279; T.C.A. sec. 16-601).

This statute added nothing but was merely declaratory of the court’s pre-existing jurisdiction. 1 Gibson’s Suits in Chancery (5th ed.), secs. 20-24. Tritschler v. Cartwright, 46 Tenn.App. 662, 333 S.W.2d 6-9.

Among the well established heads of this inherent equity jurisdiction are suits involving “trusts,” or for an “accounting,” or for a “discovery” or “injunction.” 1 Gibson’s, sec. 29. As this suit involves a trust and seeks an accounting, discovery and injunction, it is within this inherent jurisdiction of the Chancery Court.

While our statutes vest in the County Court original jurisdiction of the granting or revoking of letters testamentary or of administration, “the settlement of accounts of executors or administrators” (T.C.A. sec. 16-709), and concurrent jurisdiction of applications for payment of legacies or distributive shares (1858 Code, sec. 2312; T.C.A. sec. 30-1313), these statutes do not deprive the Chancery Court of its inherent jurisdiction over the administration of estates.

That this is true, is shown by a review of our cases. Most of them have arisen in connection with 1858 Code, sec. 2312, which is in these words: “Any distributee or legatee of the estate may, after the expiration of two [35]*35years [now 18 months, T.C.A. sec. 30-1313] from the grant of letters, apply to the County, Circuit, or Chancery Court of the county or district in which administration was taken out, to compel the payment of the distributive share or legacy.”

In Taliaferro v. Wright, 1861, 1 Tenn. Cas. 178 (opinion by Caruthers, J.), a bill was filed in chancery by dis-tributees and legatees to compel the executor to settle the estate and pay the distributive shares and legacies, within seven months after the grant of letters to him. The bill was dismissed on demurrer.

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Bluebook (online)
348 S.W.2d 496, 209 Tenn. 29, 13 McCanless 29, 1961 Tenn. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-moore-tenn-1961.