Legal Opinion

Evans v. Pearce

Supreme Court of Virginia

Decided January 15, 1860PublishedCited by 3 opinions

This was a bill in the Circuit court of the city of Richmond, filed by the administrator and some of the children of William Evans deceased, ag-ainst his widow and other children, two of whom were infants, for a settlement and distribution of his estate. The widow thinking that the administrator did not attend to the interests of the estate, took upon herself its defence.

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This was a bill in the Circuit court of the city of Richmond, filed by the administrator and some of the children of William Evans deceased, ag-ainst his widow and other children, two of whom were infants, for a settlement and distribution of his estate. The widow thinking that the administrator did not attend to the interests of the estate, took upon herself its defence. The only matters of controversy relate to the profits of certain property belonging to two of the children of William Evans, derived from their grandmother, which was ! in his possession and managed by him. ¡ Evans had been…

1Opinion of the CourtRobertson, J.

The father, in this case, rendered himself responsible as the guardian de facto of two of his infant children, by retaining in his possession the lands and slaves to which they became entitled on the death of their mother, and receiving the rents and hires. His accounts as such guardian have been settled in a suit brought after his death by his administrator. Exceptions have been taken to this settlement by his widow, who has taken upon herself the defence of the estate, because, as she alleges, the administrator has failed to protect it as he ought to have done from the claims asserted…

2Cited by3 opinions

  1. Mihalcoe v. HolubSupreme Court of Virginia · 1921
  2. Watts v. Watts'Supreme Court of Virginia · 1905
  3. Anderson's Administrator v. SmithSupreme Court of Virginia · 1904

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