Glover v. Patten

by Henry Billings Brown

United States Supreme Court

165 U.S. 394

Glover  v.  Patten

This was a bill in equity filed in the supreme court of the District of Columbia by Mary E. Anastasia Patten, and to charge the estate and Helen Patten, against their sister Augusta P. Glover, wife of John M. Glover, in aid of the jurisdiction of the supreme court as an orphans' court to construe the will of their mother, Anstasis Patten, and to charge the estate with certain claims of the complainants prior to a general distribution of the assets.

The facts of the case are substantially as follows: Complainants and defendant, Augusta P. Glover, are the five daughters of Edmund Patten, late of the state of Nevada, deceased, and of Anastasia Patten, who, after her husband's death, took up her residence in Washington, and died September 11, 1888, leaving a will executed in San Francisco December 23, 1879.

Edmund Patten, her husband, died November 16, 1872, intestate, his widow becoming his administratrix, and also the guardian of each of his children, all of whom were then, and for some years continued to be, minors, under the age of 21 years. By the law of Nevada, Mrs. Patten became entitled, upon her husband's death, to one-half his estate, the other half descending to his children. As administratrix and guardian, she took possession of the entire estate, and retained the same down to the time of her death. She made no accounting either as administratrix or guardian, nor did she keep any regular accounts or preserve her vouchers.

In September, 1885, apparently because of a desire on the part of the sureties on her bond, or some of them, to have her accounts settled, Mrs. Patten undertook to adjust her indebtedness to her children. She called in the services of Curtis J. Hillyer, a friend of her husband and herself, and the result was the preparation of the following document, intended to take the place of a formal account and vouchers:

'Whereas, our mother, Anastasia Patten, as guardian for us, received in the years 1873, '4, '5, certain amounts of money, being our portion by inheritance of the estate of our deceased father; and whereas, no special separate investments of the money so received have been made by our said guardian, but the same has been by her kept and safely invested in connection with moneys belonging to her in her own right derived from the said estate; and whereas, our said guardian has up to the present date had entire charge of our maintenance and education, and has during the past thirteen years incurred a large amount of family expenses for our benefit, of which expenses no account has been kept by her; and whereas, we and our said guardian are now desirous of settling the account between us in a just and equitable manner, without attempting to secure technical accuracy in such settlement; and whereas, our said mother and guardian has submitted to us for inspection all accounts and papers in her possession touching or relating to the receipts and disbursements entering into such accounting, and we have personally general knowledge concerning the family expenses during said period; and whereas, from such examination and knowledge, we believe that, by a payment to each of us by out said guardian of the sum of $101,600, an equitable settlement will be made and full justice done to each of us:

Notes