Whiting v. Whiting

Alvey, C. J., delivered the opinion of the Court. The original bill in this case was filed by William H. Whiting as one of the- administrators of James Whiting, deceased, against James A. Whiting, and James A. Whiting as the other administrator of James Whiting, to compel the defendant to account for and pay over to the estate, an amount alleged to be due on proper accounting between the parties. This bill was answered by the defendant, who sat up various defences: after which the plaintiff obtained leave, and filed an amended and supplemental bill. This was done by simply reiterating the allegations'of the original bill, and adding as plaintiffs ¹⁵⁹ William II.

Wliiting in his own right, and Mrs. Gorsuch and her husband, as distributees of the estate of James Whiting, deceased, and making other distributees defendants, with James A. Whiting in his own right, and as one of the administrators of the deceased James Whiting. So the bill still stands by William H. Whiting, as one of the administrators, against James A. Whiting, a co-administrator, with the other parties added in their own right. The bill charges that James A. Whiting, the co-administrator with his brother William H. of his lather’s estate, is indebted on account, as between the estate and himself, in the sum of about $1,000, but that he has failed and refused to make return thereof to the Orphans’ Court, as he should have done. That James A. Whiting, under the name of the Maryland Galvanizing Works, has filed a large claim against his father’s estate, and has obtained part payment thereof, but that said claim is greatly in excess of what is really and justly due for the work done and charged for, and discovery is sought in regard thereto.

It is also claimed in- the bill that the estate would be entitled to set-off as against what might be found to be due on the claim of the Maryland Galvanizing Works, the amount really due from James A. Whiting to his father’s estate. It is alleged that all other debts from the estate have been paid. It is charged that although James A. Whiting has filed his own claim against the estate, and is pressing for payment, yet he has refused to return the claim due from himself to the estate, and refuses to co-operate with his co-administrator to have the same adjusted. The prayer of the bill is, that James A. Whiting be required to account to the estate of James Whiting, deceased, &c.; and that he be required to make full discovery under oath, and give full proof of all work done at the galvanizing works for the intestate, James Whiting, &c.

The defences taken to the amended or supplemental bill are the same ¹⁶⁰ as those taken to the original bill. The defendant, both .in his individual and representative capacity, pleads to the jurisdiction of the Court, the Statute of Limitations, and denies that he is indebted to the estate of his father in any amount whatever; and he insists upon the correctness of