Page:Federal Reporter, 1st Series, Volume 10.djvu/37

 PULLIAM V. PULLIAM., 25 �priwors and lirait hls liability gua executer in that state, but do not affect thR e(]uity powers of the federal courts over him as a trustee. The rule is the same in the equity courts of the state of Tennessee. �11. Same— ExTBNT of JLiabilitt of Executob ab Trustee. �But an executor neglecting to execute the trusts of a will is not absolutely liable for the legacy to the injured legatee, but only to the extent of what he aciiially receives, and this will be reached by charging him as if he had sold the property at proper time and received its value, unless there has been supina negligence to charge him further. �12. Deed of Gift— Delivert, How Piioved — Handwriting op Dbcbasbd Sub- �SCRIBING WlTNESS, HOW PrOVBD. �If a subscribing witness be dead, his handwriting csnnot be proved by another subscribing witness, seven years after death of grantor, to establish ddivery of the deed so as to set it up against a 'will charging the land with the debts. �13. Evidence — Dectlarations op Husband Not to Charge Wife — Acquieb- cence by duress. �The declarations of a husband that he had buried a large quantity of gola coin in a place known only to his wife and her brother, do not prove that she appropriated the coin to her own use. The relation of husband and ■wife will often seture, by duress, acquiescence in the false statements of each other. A cross- bill after his death, by his helrs, will not be sustained on such declara- tions to charge her with the treasure. �In Eqiiity. �Wright e Folkes, for complainant. �Vance e Anderson, Ilarris, McKissick e Turley, H. C. Moormcm, and Calvin C. TIarris, for defendants. �Hammond, D. J. This is a bill by the widow of John N. Pulliam, against the executor and the legatees and devisees, for a general ac- count.of the administration of the estate, to recover certain legaeies and devises made to her, and to charge the executor with certain alleged breaehes of his trust. �J. N. Pulliam died in Fayette county, Tennessee, October 20, 1865, leaving a will, in which he gave his wife one section of his lands in Arkansas, "she making her own selection," all the money he might have on hand in her possession at the time of his death, she not being reqnired to give his executors any account of the same, certain spec- ified articles of personal property of which she was to be put into possession at the time of his death, together with all the notes he received of her at her marriage. The will also provided, among other things, that the executors should, after payment of these legaeies, pay all the testator's just debts out of the remainder of his estate, the balance of the estate to be equally divided among all his children ; and his sons Joel L., John J., and Alfred B. Pulliam were named as exec- utors. The will is dated February 23, 1863. The defendant J. J. Pulliam alone qualified as executor, and only in Tennessee, the othei ��� �