Neal v. Clark
Supreme Court of the United States
Error to the Supreme Court of Appeals of the State of Virginia. The facts out of which this case arises, so far as it is material to state them, are substantially these: — >. William Fitzgerald, Jr., of the State of Virginia, by his will, which wa.s admitted to probate in 1857, directed his executor tos sell his entire landed estate, and distribute the proceeds among those entitled to them, according to the provisions of the will.
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Error to the Supreme Court of Appeals of the State of Virginia. The facts out of which this case arises, so far as it is material to state them, are substantially these: — >. William Fitzgerald, Jr., of the State of Virginia, by his will, which wa.s admitted to probate in 1857, directed his executor tos sell his entire landed estate, and distribute the proceeds among those entitled to them, according to the provisions of the will. The lands were sold as directed, in-the same year, the purchasers giving bonds, with security, payable to the executor as such. Two of these bonds, each dated Dec.…
1Opinion of the CourtJustice Harlan
This case involves the meaning of the word “ fraud,” as used in the thirty-third Section- of the bankrupt law of 1867'. That section provides that “ no debt created by the fraud or embezzlement of the bankrupt, or by defalcation as a public officer, or while acting in a fiduciary capacity, shall be discharged under this act.”
In the very able ópinion of- the Court of Appeals, it is said that “ all the cases agree in the principle that a purchaser from an executor. of personal property of the testator for valuable consideration need not inquire, and has no means "of inquiry, whether the…
2Cases cited1 opinion
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
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- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
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