Justices ex rel. Craddock v. Turner's adm'x
Supreme Court of Virginia
John Turner married Susan Dowles, who was the relict and executrix of William Dowles, and during the coverture administered the estate of William Dowles in her right; and then died, leaving his wife Susan him surviving, and appointing her his executrix. She qualified as executrix of her second husband John Turner, and executed a bond for the due administration of his estate, in which Martin Turner and Denjamin Smith were bound as her sureties.
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John Turner married Susan Dowles, who was the relict and executrix of William Dowles, and during the coverture administered the estate of William Dowles in her right; and then died, leaving his wife Susan him surviving, and appointing her his executrix. She qualified as executrix of her second husband John Turner, and executed a bond for the due administration of his estate, in which Martin Turner and Denjamin Smith were bound as her sureties. Susan Turner thus represented both the estate of her first husband Dowles, and that of her second husband John Turner. Craddoclc brought an action of…
1Opinion of the CourtCare, J.
In deciding on the correctness of the judgment of the circuit court, on the demurrer to the plaintiffs’ replication, we must look back to the defendant’s plea, and inquire whether it is a good one. If it be so, it must be under the provision of the 60th section of the statute of wills, intestacy and distribution; which regulates the course of administration of the estate of a testator or intestate, to whom, in his lifetime, the estate of another decedent had been “ committed by a court of record.” The words of the section are clear and unambiguous, when we take them in connection with the…
2Cases cited4 opinions
- M'Dowell v. Burwell's AdministratorCourt of Appeals of Virginia · 1826
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
- Rootes v. Wellford & Co.Supreme Court of Virginia · 1814
- Respublica v. DavisSupreme Court of Pennsylvania · 1801