Bemmerly

This is an action against the executrix of a deceased executor to compel an accounting and to recover property of the estate. The plaintiffs are respectively administrator and administratrix, with the will annexed, of the estate of Michael Bemmerly, deceased. The complaint shows that Bemmerly died in 1877, testate, and leaving an estate of great value.

G. W. Woodward and Henrietta Bemmerly were named in the will as executor and executrix, and both were appointed and duly qualified in June, 1877. Mrs. Bemmerly resigned as executrix in 1879, and G. W. Woodward took into his possession the entire estate, and continued in the exclusive possession thereof until the twenty-first day of December, 1894, when he died. While executor he received the rents, issues and profits of the estate, and “thereby made and received large profits.”

The will is not set out in the complaint, hut it imposed upon the executors a continuing trust, in addition to the ordinary duties of executors. The fourth subdivision reads as follows:

It is charged that on the 2d day of January, 1884, the executor filed his last annual account, which was settled and approved by the court, and from which it appears that…