Penn's Adm'rs v. Spencer
Supreme Court of Virginia
On the 20th of February, 1852, William Spencer and Sarah P. his wife filed their bill in the .Circuit court of Henry county, setting out the death of David R. Hill, the brother of the female plaintiff, intestate; claiming that as his sister she was entitled to one-fourth of his ^estate, which consisted of valuable real estate, slaves, &c. and asking for distribution.
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On the 20th of February, 1852, William Spencer and Sarah P. his wife filed their bill in the .Circuit court of Henry county, setting out the death of David R. Hill, the brother of the female plaintiff, intestate; claiming that as his sister she was entitled to one-fourth of his ^estate, which consisted of valuable real estate, slaves, &c. and asking for distribution. At the May term of the court, 1852, Mrs. Spencer filed her petition, by her next friend, stating that her husband had broug'ht the suit without her consent; that he was insolvent and improvident; and asking for a settlement upon…
1Opinion of the CourtJoynrs, J.
The court is of opinion that there is no error, to the prejudice of the appellants, in so much of the decree as makes a provision by way of settlement for the appellee Sarah P. Spencer. The court is of opinion that the amount of said settlement ought not to be abated by deducting therefrom the sum of $781.50, recovered from the estate of David R. Hill on account of what was bequeathed to said Sarah P. Spencer by her father, 'William Hill, and by her divided among her children, because, though the act of Mrs. Spencer in thus giving up that amount during the progress of this cause, was urged by…
2Cases cited2 opinions
- Marks v. HillSupreme Court of Virginia · 1859
- Clough v. ThompsonSupreme Court of Virginia · 1850
3Cited by7 opinions
- Ward v. WardWest Virginia Supreme Court · 1883
- Hyman, Moses & Co. v. SmithWest Virginia Supreme Court · 1877
- Wyatt v. ThompsonWest Virginia Supreme Court · 1877
- In re BartlesNew Jersey Court of Chancery · 1880
- Paine v. TutwilerSupreme Court of Virginia · 1876
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