Page:Federal Reporter, 1st Series, Volume 1.djvu/283

CHAPMAN V. BOBEE. 275 �A demurrer is interposed, and it is urged this court bas no jurisdiction ; and proceedings, at least, against the executer and administrator should be instituted in the probate court of Le Sueur county, in the state of Minnesota, where the will of John Gordon was probated, as also the will of George D. Snow, the executer of Gordon's estate. �The concurrent jurisdiction of this court as a court of equity is undoubtedr 1 Curtis, 178; 5 Mason, 95; 10 How- ard, 56-70 ; and 7 Wall. 426. John Gordon's estate is lia- ble for the payment of bis debts, (see Minn. Eev. St., 570, § 26,) and the executor Snow, to the extent of the assets, was a trustee for creditors. If Borer, the present administrator, bas not sufficient assets, the representatives of Snow must respond if suf&cient assets of Gordon's estate bave passed into their bands. �The Mil of complaint alleges that Snow, in bis life-time, received a large amount of assets from Gordon's estate, and that ail the legacies and debts except this judgment bave beeu paid. I tbink it not doubtful that this court, the complainant being a citizen of another state, can, under the circumstances set up m the bill, entertain jurisdiction, and foUow the prop- erty in the bands of legatees, or the representatives of Gor- don under the will, to secure payment of. the judgment, and in so doing make the administrator of Gordon and the exec- utor of Snow parties to this bill of complaint. If the entire assets of a decedent's estate are in the bands of an executor or other trustee ready for distribution, and a demand is made by one or more distributees, which is refused, and the trustee will not account, I tbink this court, in a proper case, could enforce a distribution. The same principle is involved bere. The jurisdiction of the probate court is not exclusive in such a case, as the bill in equity foresbadows. I understand the decision in Payne v. Hook. 7 Wall. 426, to go to this extent, without reference to the peculiar status of the probate court of Missouri. �Demurrer overruled, and defendants bave until April rulô day to answer. ��� �