Legal Opinion

Darnall v. Smith's adm'r

Supreme Court of Virginia

Decided November 25, 1875PublishedCited by 24 opinions

This was an appeal from the decree of the Circuit. court of Pittsylvania, made in a cause depending in said court, in which the personal representative of A., gmith was plaintiff and Andrew M. Darnall and; Eliza P. his wife, Wm. J. Fulton, her trustee, and others were defendants. The bill which was filed in qggg} charged that Eobert W. Williams, deceased, was in his lifetime the husband of said Eliza P. Darnall; and that he was utterly insolvent.

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This was an appeal from the decree of the Circuit. court of Pittsylvania, made in a cause depending in said court, in which the personal representative of A., gmith was plaintiff and Andrew M. Darnall and; Eliza P. his wife, Wm. J. Fulton, her trustee, and others were defendants. The bill which was filed in qggg} charged that Eobert W. Williams, deceased, was in his lifetime the husband of said Eliza P. Darnall; and that he was utterly insolvent. That the said Eliza P. held a separate estate; and that the said Eobert W. Williams and his wife Eliza P. made a joint purchase-of a crop of tobacco…

1Opinion of the Court

Staples J.

delivered the opinion of the court.

The authorities are generally agreed, that a married woman possessed of a separate estate, may charge the same with her debts in like manner and to the same extent as a feme sole; but they are not agreed as to the mode by which the charge may be effected. Some of the cases hold that the intention to charge the separate *884estate must be stated in the instrument evidencing the contract, or the consideration must be one going to-the direct benefit of the estate. In other cases it is held, that the execution of a bond or note bvthe wife, whether as…

2Cases cited1 opinion

  1. Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874

3Cited by24 opinions

  1. Radford v. CarwileWest Virginia Supreme Court · 1879
  2. Garland v. PamplinSupreme Court of Virginia · 1879
  3. Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
  4. Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
  5. Justice v. EnglishSupreme Court of Virginia · 1878

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