Nelson's Ex'or v. Page
Supreme Court of Virginia
Charles C. Page, of the county of King William, died in 1822, leaving a widow and four children. By his will, after providing for Mrs. Page, and giving small legacies to his two youngest sons, he gave to his son Robert Carter Page 3000 dollars, and to his grand daughter, Sally Page Welford, a slave by name and 1000 dollars, if she should live to be married or come to the age of twenty-one years; and the residue of his estate he gave to his four children.
Read the full summary
Charles C. Page, of the county of King William, died in 1822, leaving a widow and four children. By his will, after providing for Mrs. Page, and giving small legacies to his two youngest sons, he gave to his son Robert Carter Page 3000 dollars, and to his grand daughter, Sally Page Welford, a slave by name and 1000 dollars, if she should live to be married or come to the age of twenty-one years; and the residue of his estate he gave to his four children. Thomas C. Nelson, one of the executors appointed by the will, qualified as such, and proceeded to administer the estate until 1828, when he…
1Opinion of the CourtAllen, J.
The Court is of opinion, that partial payments made by the executor to legatees from time to time on account, though upon a settlement and adjustment of accounts thereafter, it should appear that such advances may exceed the amount to which some of the legatees were entitled, does not constitute such an actual settlement of the *70executor’s account, as to take the demand ■for commissions out of the operation of the statute. The Court is therefore of opinion, ■that there is no error in so much of said ■decree as disallowed the claim for commissions.
But the Court is of opinion, that there is…
2Cited by2 opinions
- Anderson v. PiercyWest Virginia Supreme Court · 1882
- Sharpe's Ex'or v. RockwoodSupreme Court of Virginia · 1883