Smith v. Bradford
Supreme Court of Virginia
Appeal from decrees of circuit court of Clarke county-in November, 1879, and in June, 1881, respectively, in chancery suit of William D. Smith against E. Jacqueline Smith and others. Dr. Philip Smith died intestate in 1863, leaving as his heirs at law his four children, E. Jacqueline, Warren C. and J. Phillip Smith, and Louisa, wife of Dr. William A. Bradford; also 715 acres of land and personalty, including bonds on his sons exceeding $10,000 in amount.
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Appeal from decrees of circuit court of Clarke county-in November, 1879, and in June, 1881, respectively, in chancery suit of William D. Smith against E. Jacqueline Smith and others. Dr. Philip Smith died intestate in 1863, leaving as his heirs at law his four children, E. Jacqueline, Warren C. and J. Phillip Smith, and Louisa, wife of Dr. William A. Bradford; also 715 acres of land and personalty, including bonds on his sons exceeding $10,000 in amount. E. Jacqueline Smith qualified as administrator with William D. Smith as his surety. The administrator did not attempt to collect the bonds,…
1Opinion of the CourtLewis, J.
The question to be determined in this case involves the right to the distributive share of William A. Bradford, in right of his wife, in the estate of her father, Phillip Smith.
Bradford and wife, by deed bearing date March 28, 1867, conveyed to George W. and J. D. Bruce a tract of land in Clarke county, which had been allotted to Mrs. Bradford as one of the heirs of her father. In consideration of that conveyance, Bradford, on the same day, conveyed to E. J. Smith, trustee, for the sole and separate use of his wife, a tract of encumbered land, in the same county, which he had previously'…
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