Legal Opinion

Burton v. Brown's ex'ors

Supreme Court of Virginia

Decided March 20, 1872PublishedCited by 5 opinions

In February 1843, Alexander S. Brown and Patrick W. Brown, as executors and devisees of James Brown, deceased, filed their bill in the Superior court of Chancery for the Richmond circuit, in which they say that James Brown died in March 1841, leaving a will, which they exhibit; that the burthen of executing this will will be great: and they proceed to state the grounds of the difficulty at great length.

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In February 1843, Alexander S. Brown and Patrick W. Brown, as executors and devisees of James Brown, deceased, filed their bill in the Superior court of Chancery for the Richmond circuit, in which they say that James Brown died in March 1841, leaving a will, which they exhibit; that the burthen of executing this will will be great: and they proceed to state the grounds of the difficulty at great length. It appears that, in April 1792, James Brown and Robei't- Rives formed a mercantile partnership, and they carried on business under the name of Robert Rives & Co., not only in Richmond, but at…

1Opinion of the Court

Moncure, P.,

delivered the opinion of the court, sustaining the decree of the court below overruling tbe exceptions, and decreeing upon the report. Upon the appeal by John Burton, the opinion proceeded as follows;

Having considered and disposed of all the questions directly arising on this appeal, we would now be prepared to say there is no error in the decree appealed from, and that it ought to be affirmed, but for the fact that there is another appeal in this case, which was heard at the same time with this appeal, and the decision of which may affect the decision of this appeal. We will,…

2Cited by5 opinions

  1. Morgan v. Ohio River R.West Virginia Supreme Court · 1894
  2. Hinton v. Bland's Adm'rSupreme Court of Virginia · 1886
  3. Evans v. SpurginSupreme Court of Virginia · 1854
  4. Effinger v. KenneySupreme Court of Virginia · 1884
  5. Simmons v. LylesSupreme Court of Virginia · 1876

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