New's v. Bass, Brown & Co.
Supreme Court of Virginia
Appeal from a decree of the Corporation Court of the city of Danville, pronounced February 20, 1893, wherein the appellees, Bass, Brown & Co., were the complainants, and the appellant and others were the defendants.
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Appeal from a decree of the Corporation Court of the city of Danville, pronounced February 20, 1893, wherein the appellees, Bass, Brown & Co., were the complainants, and the appellant and others were the defendants. The complainants in the court below filed their bill, on behalf of themselves and such other creditors of W'. W. New, deceased, as might come in and contribute to the cost of the suit, for the purpose of subjecting the real and personal estate of W. ~W. New, deceased, to the payment of their debts. The bill charges that there is but little personal estate, and that it will be…
1Opinion of the CourtCardwell, J.
The will of "W. W. New, deceased, duly probated in the Corporation Court of the city of Danville, at the December term, 1891, after providing for the payment of testator’s debts and funeral expenses, and giving his sister, Eloise H. New, a special legacy of $1,500, disposes of the residue of his estate as follows :
“ I give, bequeath, and devise all the rest and residue of my estate, and all the property, real, personal, and mixed, of which I shall die siesed or possessed, or which I shall be entitled to at the time of my decease, as follows, to-wit:
“ To my wife, Lucy, I give one-third, to be…
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