Legal Opinion

Ferguson v. Epes

Supreme Court of Virginia

Decided May 10, 1883PublishedCited by 2 opinions

Appeal from decree of circuit court of Nottoway, rendered at •its April term, 1880, upon a bill of review wherein James H. Ferguson and Sarah C., his wife,'Grief T. Cralle, Jr., and Mary A. Hatchett, were plaintiffs, and H. H. Epes, administrator of Travis H. Epes, deceased, E. S. Epes, administrator of T. H. Campbell, deceased,- and Thomas J. Owens, administrator of James A. Scott, deceased, were defendants.

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Appeal from decree of circuit court of Nottoway, rendered at •its April term, 1880, upon a bill of review wherein James H. Ferguson and Sarah C., his wife,'Grief T. Cralle, Jr., and Mary A. Hatchett, were plaintiffs, and H. H. Epes, administrator of Travis H. Epes, deceased, E. S. Epes, administrator of T. H. Campbell, deceased,- and Thomas J. Owens, administrator of James A. Scott, deceased, were defendants. In 1859, Mary Carter died in Nottoway, testate, and Travis H. Epes qualified as her executor. Early in 1860 he had fully administered the estate, except paying certain legacies, one of…

1Opinion of the CourtFauntleroy, J.

The facts disclosed in the record are these: Mary Garter died in the year 1859, leaving a will which was admitted to record in the county court of Nottoway. At the July term 1859 of the said court, Travis H. Epes, duly qualified as the executor of the will of said Mary Garter, with sureties in his official bond, in the penalty of $65,000; and, early in the following year (1860), he had fully administered her estate, except as to a legacy of $2,000, and other legacies not necessary to he mentioned.

The said legacy of $2,000 was given by the testatrix to her grandsons, Edwin Scott and James A.…

2Cases cited1 opinion

  1. Crickard's ex'or v. Crickard's legateesSupreme Court of Virginia · 1874

3Cited by2 opinions

  1. Cralle v. CralleSupreme Court of Virginia · 1887
  2. International Trust Co. v. PrestonWyoming Supreme Court · 1916

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