Smith v. Gregory
Supreme Court of Virginia
Robert Gregory of Mecklenburg county, died, in 1856, leaving a widow and one child, RosaB. Gregory,an infant. By his will he loaned to his widow all his *estate, both real and personal, until his daughter was eighteen years of age, for the support of herself and her daughter, unless his widow should sooner marry; in which event he gave her certain slaves named absolutely.
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Robert Gregory of Mecklenburg county, died, in 1856, leaving a widow and one child, RosaB. Gregory,an infant. By his will he loaned to his widow all his *estate, both real and personal, until his daughter was eighteen years of age, for the support of herself and her daughter, unless his widow should sooner marry; in which event he gave her certain slaves named absolutely. In the event of his widow marrying or dying before his daughter attained the age of eighteen years, he gave the remainder of his estate to his daughter. He appointed his brother James A. Gregory his executor; and he…
1Opinion of the Court
*Staples, J.
The law is well settled that where an executor or administrator having assets in his hands, becomes the guardian of the legatee or distributee, he may elect to hold the share of such legatee or distributee in his character of guardian; and thus while he charges his sureties in the guardian bond he exonerates those in the administration bond. And it is equally well settled, that in order thus to shift the responsibility from one class of sureties to the other, some distinct act or declaration is necessary on the part of the executor or administrator, indicative of his intention to…
2Cases cited2 opinions
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
- Myers v. WadeSupreme Court of Virginia · 1828
3Cited by8 opinions
- Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
- Tittman v. GreenSupreme Court of Missouri · 1891
- Caskie's Ex'ors v. HarrisonSupreme Court of Virginia · 1882
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1892
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
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