Trout's Adm'r v. Trout's Adm'r
Supreme Court of Virginia
Argued at Wytheville. Decided at Staunton. Appeal from decree of circuit court of city of Roanoke, rendered at its April term'; 1888, in the chancery cause, wherein David E. Trout, administrator of Martha B. Trout, deceased, against Henry S. Trout, as administrator of John Trout, deceased, and in his own right, and P. L. Terry and wife, his distributees. At the hearing, upon the pleadings and evidence, the bill was dismissed, and the complainant appealed.
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Argued at Wytheville. Decided at Staunton. Appeal from decree of circuit court of city of Roanoke, rendered at its April term'; 1888, in the chancery cause, wherein David E. Trout, administrator of Martha B. Trout, deceased, against Henry S. Trout, as administrator of John Trout, deceased, and in his own right, and P. L. Terry and wife, his distributees. At the hearing, upon the pleadings and evidence, the bill was dismissed, and the complainant appealed. Opinion states the ease.
1Opinion of the CourtLacy, J.
The ease is as follows : The bill was filed at [November rules 1886, in the circuit court of the city of [Roanoke, by the administrator of Mrs. Martha B. Trout, deceased, to enforce an agreement made between the said Mrs. Trout and her husband, John Trout, in July, 1881, whereby he, in consideration of her uniting with him in conveying a certain tract of land to one, Joseph I. Doran, agreed to bequeath to her .at his death, $10,000.
The bill alleges that the said John Trout had died intestate, leaving his widow, Martha B. Trout, surviving him, and unprovided for by will; that the said John…
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