Raney v. Heath
Court of Appeals of Virginia
Richard H. Heath died in the year 1846, leaving' a will, which contained tjie following clause: ‘ ‘I give and bequeath my estate, except what I shall hereinafter name, both real and personal, to my brother Benjamin B. Heath’s children; providing either of them shall live to the age of twenty-one. If neither of them live to be twenty-one, it is my desire that my sister Lilly Raney and my sister Barbara B. Lee’s children to have it between them equally.”
Read the full summary
Richard H. Heath died in the year 1846, leaving' a will, which contained tjie following clause: ‘ ‘I give and bequeath my estate, except what I shall hereinafter name, both real and personal, to my brother Benjamin B. Heath’s children; providing either of them shall live to the age of twenty-one. If neither of them live to be twenty-one, it is my desire that my sister Lilly Raney and my sister Barbara B. Lee’s children to have it between them equally.” Benjamin B. Heath and A. H. , Raney were named executors. Raney declining to act, B. B. Heath qualified as executor, and died without settling…
1Opinion of the CourtThompson, J.
In the petition of appeal four errors are assigned to the decree appealed from, as furnishing grounds for reversal:
1st. Por bringing on the cause to a hearing without the consent of the defendants, when it had not been set at rules.
2d. Por declaring the legacy of the residue to the children of B. B. Heath to be vested, and decreeing a portion of it (the slaves) to be delivered up to their guardian.
3d. Because he (the petitioner) was decreed and ordered to deliver up the slaves in the d.ecree mentioned, without any account of his transactions as administrator, and without any thing appearing…
2Cited by1 opinion
- Toothman v. BarrettWest Virginia Supreme Court · 1878