Page:Federal Reporter, 1st Series, Volume 3.djvu/216

 IK BB STAIB. S09 �In re Staib & Co., Bantrapts. {District Court, W. D. Pennsylmnut. , 1880.) �1. CONTROVBRST BETWEKN ASSIONEH AKD ADMIBriSTKATOB — STOCK — �Rev. Bt. j 4979. — A controversy between the assignees of a bankrupt and the personal representative of a decedent as to the possession of stock or its proceeds, exceeding $5,000 in value, is clearly determina- ble by a suit at law or in equity, under section 4979 of the Reviaed Btatutes, and cannot be disposed of by a summary proceeding. �2. Bamb— Statutb op Lmitations— Rev. St. f 50.57.-»-Such claira ia �barred under section 5057 of the Revised Statutes witliin two yeara f(om the time the cause of action accrued. �In Bankruptcy. �Swr petition of Samuel Eea, administrator cum tcMamento annexa of William A. Eogers, deceased, for an ordex oii the assignees to pay over to him certain moneys. �Kennedy d Doty, for assignee. �Geo. W. Guthrie, for administrator. �AcHESON, D. J. This controversy relates to certain Insur- ance stocks, or the proceeds derived from the sale thereof, in the hands of the assignees of the bankrupts, and which are claimed adversely by Samuel Eea in his character of personal representative of the estate of William A. Eogers, deceased. These stocks belonged originally to William A. Eogers, who, dying December 14, 1872, by his last wiU bequeathed them to his wife, Mary Eogers, who is one of the bankrupts. Let- ters of administration cum testamento annexa upon the estate of said decedent, issued to Samuel Eea, who, in the month of January, 1874, duly transferred these stocks upon the books of the Insurance companies to Mary Eogers. At that date the latter was not a party to these bankrupt proceedings, but became such by an amendment of the record on October 2, 1874. The adjudication of the bankrupts, as such, was on October 28, 1874, and on January 5, 1875, the estates of the bankrupts — including the stocks in question — were assigned to J. B. Finley and Alford Patterson, the assignees in bank- ruptcy. These stocks were sold by the assignees, and the pro- ceeds brought into their final account of the individual estate �v.3,no.4— 14 ����