In re Estate of Couts

On May 29, 1889, the executrix filed an account of lier administration of the estate from January 29, 1887, to February 1, 1889, which set forth, among other items of the same nature, a claim of $1,240.57 against the executrix by Cave J. Gouts, for services, money paid out, etc., “the validity of which charges against said estate” she asked the court to determine on the settlement of the account. After due notice, a hearing was had, and the account was settled. With respect to the item referred to, the court found that it was a legal charge against the estate, and authorized the executrix to pay Gouts out of any moneys that might thereafter come into her hands as executrix. On March 5,1890, Gouts filed a petition asking for an order requiring the executrix to sell so much of the real estate as should be necessary to pay his claim. An order to show cause was issued, and at the trial the petitioner introduced evidence tending to support every material allegation of his petition, but on motion of the devisees, a nonsuit was granted, and the proceeding dismissed. From this order petitioner has appealed.

It is admitted that the court, in its decree settling the account, made the order…