Ridgely’s Notebook I, 136
Orphans’ Court of Delaware.
August, 1817.
Appeal from an administration account passed before the Register August 12, 1816.
Exception[s]: That the Register charged Joshua Laws, the administrator, with $145.78 the appraised value of the goods and chattels which were of the said Ebenezer Evans whereas after due notice the said goods and chattels were exposed to public vendue, and were sold by said administrator for the best price that could be obtained for the same; and the said goods sold for the sum of $40.23. That at passing said account the list of sales was exhibited to the Register, nevertheless the Register charged said administrator with $145.78, the said appraised value.
The exceptions were filed in the Register’s Office, July 25, 1817, and on the same day the account and exceptions were brought up and filed in the office of the clerk of this Court.
A citation was issued against the creditors of the said Ebenezer Evans, but none of them appeared.
On the motion of the exceptant the Court went into the hearing of the exceptions, and it was proved by William Lewis, the vendue master at Milford, that said administrator had caused the said sale to be advertised some days before the sale, but how many he could not remember, also that on the day of sale he
Page 339
gave the usual notice by ringing his bell. He said vendue was fair, that he knew of no impropriety, but that few attended, a dozen or eighteen and that nobody seemed disposed to purchase against the widow. Lewis was sworn as a witness. Charles B. Watson kept the list of sales, and said that notice had been given, and that the sale was conducted fairly; and both he and Lewis stated that the administrator had delayed the sale in hopes or expectation that more persons would attend. Watson was sworn as a witness.
Dr. John Adams, one of the appraisers, was present in court, and was sworn by the direction of the Court. He was not at the sale. The goods were chiefly purchased by the widow, the sister of the administrator. He said, in the presence of the Register, that he would have given the appraised value of the goods; but he had not made such offer to the administrator before the sale. He was in the Register’s Office when the account was passed. The relation of the administrator purchased most of the goods. He believed there was notice.
BY THE COURT.
The administrator must be charged with the amount of sales only. The administrator is neither to gain nor lose by the sales, and if he acts fairly and honestly and gives proper notice, he is not answerable for any loss in the diminished value of the goods. It is his duty to sell for the best price he can get, using proper care; and if the sales are less than the appraisement, he is not accountable. Nothing here appears to impeach the conduct of the administrator. The fact is, nobody would bid against the widow; and this is too common a practice.