Douglass v. Stephenson's Ex'or
Supreme Court of Virginia
On the 2d of February, 1857, David AY. Barton, Girard F. Mason and John Stephenson qualified in the county court of Frederick county as executors of AYm. Stephenson, deceased, and the subsequent execution of the trust devolved almost exclusively on the said D. AY. Barton.
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On the 2d of February, 1857, David AY. Barton, Girard F. Mason and John Stephenson qualified in the county court of Frederick county as executors of AYm. Stephenson, deceased, and the subsequent execution of the trust devolved almost exclusively on the said D. AY. Barton. On the 27th of February, 1862, the said executor collected $3,600 from John Stephenson, on account of a sort of conditional advancement of $5,000, made to him by his father, the testator, in his lifetime; which sum of $3,600 the said executor on the next day deposited in the Valley Bank at AYinchester to the credit of AYm.…
1Opinion of the CourtBurks, J.
During the late war—in February, 1862—David W. Barton, as executor of William Stephenson, deceased, deposited in the Bank of the- Valley, at Winchester, two sums of money, aggregating $6,151.88, belonging to the estate of his testator, which was never withdrawn. He died in 1863. The failure of the bank and the loss of the deposits were among the results of the war. It was one of the objects of the bill filed by the appellant, a residuary legatee under Stephenson’s will, to hold Barton’s estate liable for this loss. The circuit court was of opinion that the estate was not liable, and such was…
2Cases cited5 opinions
- Elliott v. CarterSupreme Court of Virginia · 1853
- Connolly v. ConnollySupreme Court of Virginia · 1880
- Hale v. WallSupreme Court of Virginia · 1872
- Lingle v. Cook's adm'rsSupreme Court of Virginia · 1879
- Williams' adm'rs v. SkinkerSupreme Court of Virginia · 1874
3Cited by8 opinions
- Sewing-Machine Co. v. DunbarWest Virginia Supreme Court · 1889
- Cooper v. Cooper's Ex'orSupreme Court of Virginia · 1883
- Richardson v. FarrarSupreme Court of Virginia · 1892
- Wayland v. Crank's Ex'orSupreme Court of Virginia · 1884
- Ellman v. HammondOregon Supreme Court · 1931
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