White v. White
Supreme Court of Virginia
Edmund P. White, of the county of Caroline, died about the year 1856, leaving a widow and four infant children, and possessed of a’large -real estate of eleven hundred and fifty acres, some forty slaves, and stock, farming implements, &c., suitable for such an estate, hank stock, &c. Woodson Wright qualified as administrator upon the estate, and acted as such until his health failed, and he was succeeded by P. L. Marye.
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Edmund P. White, of the county of Caroline, died about the year 1856, leaving a widow and four infant children, and possessed of a’large -real estate of eleven hundred and fifty acres, some forty slaves, and stock, farming implements, &c., suitable for such an estate, hank stock, &c. Woodson Wright qualified as administrator upon the estate, and acted as such until his health failed, and he was succeeded by P. L. Marye. Mrs. White qualified as guardian of her children, and acted as such for the eldest of them, John B. White, until he came of age in 1860. She was removed from the guardianship…
1Opinion of the Court
Lee J.
delivered the opinion of the court:
The court is of opinion that as it is not made to ap*268pear that it was impossible to assign to the appellant her dower of and in the real estate of her husband, it was not competent for the court of equity, in the exercise of its general power, to decree a sale of the whole property, and to provide a compensation in money to the appellant in lieu of her dower, against her will and without her consent, however much it might be to the interest of the heirs at law of the decedent to have a sale of the whole estate and a monied compensation allowed to the…
2Cited by15 opinions
- Casto v. KintzelWest Virginia Supreme Court · 1886
- Verlander v. HarveyWest Virginia Supreme Court · 1892
- Harrison's ex'ors v. PayneSupreme Court of Virginia · 1879
- Duncan v. DuncanSupreme Court of Missouri · 1929
- Hoy v. VarnerSupreme Court of Virginia · 1902
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