Patteson v. Bondurant's Ex'ors
Supreme Court of Virginia
This was a suit in equity in the circuit court of Buckingham county, brought in September, 1869, by Walker J. Patteson, and others, devisees and legatees of James M. Patteson, against the executors, devisees and legatees of Thomas M. Bondurant, deceased, and Willie Ann Patteson, in her own right and as executrix of James M. Patteson, deceased, to subject the estate of said Thomas *M. Bondurant, and especially a tract of land called Oak-lawn, to pay the amount of a bond of…
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This was a suit in equity in the circuit court of Buckingham county, brought in September, 1869, by Walker J. Patteson, and others, devisees and legatees of James M. Patteson, against the executors, devisees and legatees of Thomas M. Bondurant, deceased, and Willie Ann Patteson, in her own right and as executrix of James M. Patteson, deceased, to subject the estate of said Thomas *M. Bondurant, and especially a tract of land called Oak-lawn, to pay the amount of a bond of $12,000, which Bondurant had executed to James M. Patteson, in 1860, with Grandison Mosely as his surety, as a substitute…
1Opinion of the CourtAnderson, J.
The doctrine has been well settled by several decisions of this court, that a fiduciary is not justified in receiving greatly depreciated currency in payment of a gold debt, or a debt which was equivalent to gold, unless it was necessary for the payment of debts or legacies, or unless other circumstances in relation to the safety of the debt or the condition of the estate made it expedient and proper. Hannah’s adm’r v. Boyd & wife, 25 Gratt. 692, 701-2; Tosh v. Robertson, 27 Gratt. 270; Bedinger v. Wharton, Ib. 857. It has also been *held that a fiduciary had no right to collect a specie debt…
2Cases cited4 opinions
- J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
- Cocke v. MinorSupreme Court of Virginia · 1874
- Crickard's ex'or v. Crickard's legateesSupreme Court of Virginia · 1874
- Hannah's Adm'r v. BoydSupreme Court of Virginia · 1875
3Cited by4 opinions
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Helsley v. FultzSupreme Court of Virginia · 1822
- Glasgow v. LipseSupreme Court of the United States · 1886
- Washington v. OpieSupreme Court of the United States · 1892