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Tate v. Norton U.S. 746 (1877)

handle is hein.slavery/ussccases0449 and id is 1 raw text is: TATE v. NORTON. TATE v. NORTON. 1. In Arkansas, the real as well as the personal estate of the intestate is assets in the bands of an administrator; but neither species of property can be sold without an order of the Probate Court. 2. A claim admitted by the administrator, and allowed and classified by the Pro- bate Court, has the dignity and effect of a judgment. 8. There can be no devastauit which will sustain an action against an adminis- trator until be has violated an order of the Probate Court to pay creditors; and his accounts settled by that court cannot be collaterally attacked, but are conclusive, until, by a direct proceeding in equity instituted for that pur- pose, they are impeached for fraud or mistake. APPEAL from the Circuit Court of the United States for the Eastern District of Arkansas. The facts are stated in the opinion of the court. Submitted on printed arguments by .Mr. W. H. Rose and H1r. A. ff. Garland for the appellants, and by Jfr. Albet Pike and Mr. Robert W. Johnson for the appellees. MR. JUSTICE SWAYKE delivered the opinion of the court. A brief statement of the facts of this case is necessary to render intelligible the conclusions at which we have arrived. Joseph W. Clay, of the State and county of Arkansas, died intestate in May, 1853. He left a widow, Sarah G. Clay, since deceased, and three minor children, - Joseph W. Clay, also since deceased; Mary S. Clay, slice married to Thomas G. Tate; and Caroline Clay, since married to Raynor W. Whit- field. The four parties last named are the appellants. Thomas Fletcher, the brother of the widow, was appointed by the Probate Court of the proper county administrator of the estate, and qualified as such in July, 1853. Immediately after qualifying he took possession of all the property which belonged to the intestate at the time of his death. It consisted of lands, stock, farming utensils, slaves, and a small amount of money. The value of the lands at that time does not appear. The appraisers estimated the other property at $129,445.54. The slaves were an important item. They were inventoried at $113,400, leaving the balance of other assets $16,045.54. The indebtedness of the estate represented by the claims pre. [Sup. Ct.

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