Jackson v. Chase

<p>Appeal from a decree of the judge of probate allowing two accounts of the appellee as executor of the will of Elizabeth Roberts, which was admitted to probate in January 1856. The appellants resided in California.</p> <p>At the hearing, before Gray, J., it appeared that these accounts consisted of a first account and a final account, rendered together in December 1865; by the former of which the executor charged himself with the fund, received in 1856, part in stock and part in money, amounting in April 1862 (down to which time this account extended) to thirty-two thousand and fifty-five dollars and four cents, after deducting legacies and expenses and adding interest and dividends and gain on sale of the stock; that by a decree of this court in Jackson v. Roberts, 14 Gray, 546, at February term 1860 for Norfolk, the title of Mrs. Chase to one third of this balance of the fund had been determined, and the title of other distributees to the other two thirds, with the payment of which other two thirds to said other distributees the executor claimed to be credited in said first account; that in the second and final account he charged himself with the remaining third as of April 1862, and with interest thereon to December 1865, and claimed to be credited with sundry payments, among others one to Mrs. Chase of ten thousand four hundred and sixty dollars and ninety-six cents on November 6, 1863; that this payment was made in treasury notes of the United States; that the market value of gold and silver coin of like denominations was at the time much greater than the market value of such notes; and that Mrs. Chase did not receive and receipt for the notes as full payment of ten thousand four hundred and sixty dollars and ninety-six cents, but only pro tanto.</p> <p>The question whether this payment was rightly allowed as a payment in full of that sum was reserved for determination by the full court.</p>