Page:Federal Reporter, 1st Series, Volume 10.djvu/64

 52 FEDEBAli BBPOBTES. �liave been lent to Trotter without any necessary imputation that she got it from the alleged hidden resources. �Nor can Joel L. Pulliam be charged with the possession of any of this treasure by the declarations of his father that he had placed some of the paper money injured by its burial in his hands to be redeemed at the treasury. The rights of the parties must depend vipon their respective interests in the property shown to have had an existence at the time of the testator's death, and not upon any spec- ulations as to what beoame of large quantities of gold which he boasted of having buried during the war, and which each of these parties affeet to believe the other has obtained and appropriated. The cross-bill will be dismissed when a final decree is entered. �The question of interest is reserved. The master will calculate it as he may think lawful on the facts before him, and report his action and the reasons for it. On the eoming in of the report, and its con- firmation, the plaintiff will be entitled to a personal decree against the executer for whatever amount may be found in her favor on account of the legacies given her by the will, less so much of said legacies as were necessarily paid in the discharge of lawful debts. This disposes of her equity against the executor. Her equities against the other legatees and devisees are simple. She is entitled to be subrogated to the rights of creditors, so far as her legacies have gone to pay their debts, but no further. It is not her legacy which is charged upon the residuum of the estate, but the debts, and she is entitled to charge the lands or other property only so far as debts liave been paid with her money. To that estent (and the master will report how this is) her claim will be a lien on the lands, to be satisfied first out of those devised to the residuary legatees, and last out of the Isbell plantation. I do not see that she has any equity against Joel L. Pulliam's eatate for the money paid him, which was wrongfnlly paid, becauae barred by the statute of limitations. She must look to the executor for that, and has no claim to recover it back from the creditor. If the debts were fraudulent, as charged in the bill, she would have that right, but they are not. There being no regular master in chancery in this court, J, B. Clough, Esq., one of the commissioners of the court, will be appointed special master to take the account. ��� �