Cochran v. Paris
Supreme Court of Virginia
John Paris, late of the county of Augusta, died in 1839, having first made his will, which was duly admitted to probat. By his will he directed his executors to sell all his property, real and personal, except a few articles of household furniture, which he gavé to his sister Hannah Paris: And out of the proceeds he directed them to pay to his said sister two hundred dollars on account of her portion in her father’s estate, for which she had a claim upon him. *And he further…
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John Paris, late of the county of Augusta, died in 1839, having first made his will, which was duly admitted to probat. By his will he directed his executors to sell all his property, real and personal, except a few articles of household furniture, which he gavé to his sister Hannah Paris: And out of the proceeds he directed them to pay to his said sister two hundred dollars on account of her portion in her father’s estate, for which she had a claim upon him. *And he further gave her the sum of three hundred dollars, which he directed his executors to loan out and pay her the interest; or if…
1Opinion of the Court
DANIEL J.
The decree of the Circuit court, in so far as it sustains the deed of trust of the 30th of May 1842, is, I think, correct. The fact that a deed of *trust embraces articles which must perish or be consumed in the use, before a sale of them can be made according to the terms of the deed, is not one which, of itself, necessarily shows the deed to have been made with a fraudulent design. The amount, in number or value of such articles, may be so inconsiderable, as compared with the main subjects of the trust, as to justify the conclusion that they were embraced through inattention of the…
2Cases cited303 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Reade v. LivingstonNew York Court of Chancery · 1818
- Rose & Co. v. BrownWest Virginia Supreme Court · 1877
- Neely v. JonesWest Virginia Supreme Court · 1880
- Burt v. TimmonsWest Virginia Supreme Court · 1887
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3Cited by23 opinions
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Dillard v. DillardSupreme Court of Virginia · 1899
- Harden v. WagnerWest Virginia Supreme Court · 1883
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Klee & Bros. v. ReitzenbergerWest Virginia Supreme Court · 1884
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