The opinion of the court -
Facts of the case: "On February 15, 1814, Wollery Coonrod made hiswil l, and soon after died. He devised all his estate, real andpersonal, t o his son Henry; and, in the language of the will 'subjectto the follo wing bequests;;' the first of which is in these words:'I will and beq ueath unto my granddaughrer, Barbara Coonrod, daughterof my son, Peter c oonrod, deceased, the sum of one thousand dollars,to be paid her at th e age if eighteen years, in land, at such placeas my son, Henry Coonro d, can buy for her, at its real value.'
Henry was appointed sole executor, and qualified under the will.T he complainant became of age in August, 1827."
The personal property was exhausted in the payment of theexpenses o f the last sickness and the funeral, the expenses of theexecutorship, a nd the discharge of a legacy required by the will tobe paid before the l egacy in question became due. Before August,1827, the executor became i nsolvent. Soon afterward, the complainantdemanded her legacy, which w as not paid, and there is no property,personal or real, from which pay ment can be complelled, unless thelands devised to Henry shall be held s ubject to its discharge.
The lands so devised were all sold in different parcels, and atdi fferent times; some by Henry to Corn and Huston, and others by thesher iff to Stage and Huston, the other defendants. The first ofthese conv eyances was in 1817, and the last in March, 1827, severalmonths before t he complainant became of age."
The court concluded that lands passed from Henry to the defendants"bon a fide" without fraud....
"in this case, the trust was defined, and the act of sale andinve stment were contemplated to be at a distance from each other;they requ ired time and discretion, which were given by the will andthe purchase rs were not bound to see to the application of thepurchase money. Thi s, in our opinion, is the law of the case."
(So did she win or not?)
She came of age August, 1827, according to a suit she filed againstUnc le Henry Coonrod, executor of her grandfather's estate.
