Hunter v. Lawrence's adm'r
Supreme Court of Virginia
George Pottie the elder, late of the county of Louisa, died prior to April 1815, leaving a widow and five children surviving him. By his will, after giving a few small legacies, he directed that the remainder of his estate, both real and personal, should be divided between his widow and children, as the law directs in cases of intestacy; and he appointed John Thompson of Culpeper his executor. The will was duly admitted to probat, and Thompson qualified as executor.
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George Pottie the elder, late of the county of Louisa, died prior to April 1815, leaving a widow and five children surviving him. By his will, after giving a few small legacies, he directed that the remainder of his estate, both real and personal, should be divided between his widow and children, as the law directs in cases of intestacy; and he appointed John Thompson of Culpeper his executor. The will was duly admitted to probat, and Thompson qualified as executor. Several of the children of George Pottie the elder were infants, and in 1821 R. S. Sandridge qualified as the guardian of George…
1Opinion of the CourtSamuels, J.
Nathaniel Thompson, as guardian, was in possession of Winston’s bond, as part of the estate of George Pottie his ward. Whatever interest the ward had therein was subject to the guardian’s control ; he might have received the money due thereon if voluntarily paid; he might have sued for it in a common law court in the name of John Thompson, executor of George Pottie the obligee, but for his own use as guardian; and the nominal plaintiff would have had ho power to prevent the prosecution of the suit, or to prevent the collection of the money for the use of the guardian; or he might have sold…
2Cases cited1 opinion
- Carter v. HarrisCourt of Appeals of Virginia · 1826
3Cited by10 opinions
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
- Dobyns & Davis v. RawleySupreme Court of Virginia · 1882
- Mills v. Mills' ex'orsSupreme Court of Virginia · 1877
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Burwell v. Burwell's GuardianSupreme Court of Virginia · 1884
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