Kippen & Co. v. Carr's
Supreme Court of Virginia
In the year 1806, an action of debt was brought by George Kippen W Company in the county court of Albemarle against Garland Carr, surviving executor of Samuel Carr, deceased, on a bond executed by the testator. The defendant pleaded J payment; after which, the cause being removed by certiorari to the superior court of law, ho filed an additional plea of pleno administravit.
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In the year 1806, an action of debt was brought by George Kippen W Company in the county court of Albemarle against Garland Carr, surviving executor of Samuel Carr, deceased, on a bond executed by the testator. The defendant pleaded J payment; after which, the cause being removed by certiorari to the superior court of law, ho filed an additional plea of pleno administravit. A jury was impanelled to try the issues joined, and found the first issue in favour of the plaintiffs, but, bv consent of parties, was discharged from ' rendering a verdict on the other; whereupon a case was agreed, “ that…
1Opinion of the Court
The following opinion of this court was delivered by
Judge Roane.
“ The court is of opinion that the judgment of the Superior Court, rendered upon the case agreed between the parties in this cause, is erroneous in this, that the defence therein set up in bar of the appellant’s demand is not sufficient in law to bar or preclude the same; — the rule being that, as a testator may be bountiful as well as just in the disposition of his estate, so his legal representatives are the proper judges of his ability in that particular; and that their ability to pay his debts as well as legacies is…
2Cited by1 opinion
- McGlaughlin v. McGlaughlin's LegateesWest Virginia Supreme Court · 1897