Lyon's Adm'r v. Magagnos' Adm'r
Supreme Court of Virginia
Anne M. G. Magagnos was a French woman who came to this country some time before 1807. At that time she lived in Norfolk, where she kept a clothing store, by which she made a considerable property. She returned to France in 1818, and died in 1826, at Marseilles. ^Shortly before her death she made her will, which was written in French, and was duly proved in France; and in August 1827 a copy properly authenticated was admitted to record by the Borough court of Norfolk.
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Anne M. G. Magagnos was a French woman who came to this country some time before 1807. At that time she lived in Norfolk, where she kept a clothing store, by which she made a considerable property. She returned to France in 1818, and died in 1826, at Marseilles. ^Shortly before her death she made her will, which was written in French, and was duly proved in France; and in August 1827 a copy properly authenticated was admitted to record by the Borough court of Norfolk. In August 1829 Joseph Magagnos qualified as administrator with the will annexed. By one clause of her will she says: “I leave…
1Opinion of the CourtAbben, J.
The Court is of opinion, that there is no error in so much of the decree as decides that the appellant is entitled to the legacy of 1200 dollars, mentioned in the wilt of the testatrix. But as by the terms of the will the said legacy was payable within one year after the decease of the testatrix, the Court is of opinion there was error in allowing interest thereon from the 28th day of November 1840, instead of allowing interest from a year after the death of the testatrix: the Court being of opinion that although there was no hand to receive the same, it was the duty of the representative of…
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