Ross v. Woodville
Supreme Court of Virginia
THE Rev. James Stevenson, by his last will and testa* ment> authorized his “ executors or executrix, or any acting 0ne, or more, in making arrangements for the payment of his. , . . debtsj to dispose of or sell any part ot .his property, either Persona'- ol’ real, as they should think most advisable, or best adapted to promote the interest of his family.” He appointed his wife, and several of his friends, (of whom Garrett pjpl0r Was one,j executrix and executors.
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THE Rev. James Stevenson, by his last will and testa* ment> authorized his “ executors or executrix, or any acting 0ne, or more, in making arrangements for the payment of his. , . . debtsj to dispose of or sell any part ot .his property, either Persona'- ol’ real, as they should think most advisable, or best adapted to promote the interest of his family.” He appointed his wife, and several of his friends, (of whom Garrett pjpl0r Was one,j executrix and executors. After making ' . . this will he executed a power of attorney, stating that his wife-’ since the wiIi was written’ llad departed…
1Opinion of the Court
the following opinion of the court was delivered by
Judge Roane.
The court is of opinion that, as the contract respecting the sale of the land in the proceedings mentioned was made between the agents of James Stevenson on the one hand, and Edmund Penn, the principal obligor in the bonds, (the judg*327inents on which arc sought to be injoined,) on the other, it was competent to the said last mentioned party to bind both himself, and the appellant as his surety, by a waiver of such a title to the land aforesaid, as he might otherwise have required to be dc-creed to him, as \ condition precedent to…
2Cited by1 opinion
- Pugh v. Cameron's Adm'rWest Virginia Supreme Court · 1877