Davis v. Newman
Supreme Court of Virginia
This was a case in the circuit court of Orange, between Reuben Newman the executor of James Newman, plaintiff, and Thomas Davis and other legatees of the testator, defendants, wherein the legatees sought to charge the executor with a debt due to the testator from Thomas Macon, which had been lost, and the executor sought to recover back money which he had paid the legatees under an impression that the debt due from Macon would be collected.
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This was a case in the circuit court of Orange, between Reuben Newman the executor of James Newman, plaintiff, and Thomas Davis and other legatees of the testator, defendants, wherein the legatees sought to charge the executor with a debt due to the testator from Thomas Macon, which had been lost, and the executor sought to recover back money which he had paid the legatees under an impression that the debt due from Macon would be collected. The decree of the circuit court of Orange was in favour of the executor, discharging him from liability for the debt, and decreeing over in his favour…
1Opinion of the CourtAllen, J.
The testator, after making large specific bequests, directed the residue of his estate to be divided into six parts, of which the executor was to have oné, and the remaining five were divided among his children and grandchildren. He owed no debts, and the executor proceeded to make sundry payments to the five legatees. The payments were voluntary; but, as it is alleged, were made under a mistake of fact as to the value of the assets. When the money was paid, all parties supposed that a bond given by Thomas Macon to the testator in his lifetime for a large amount, was good and would be…
2Cases cited3 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Miller's executors v. RiceSupreme Court of Virginia · 1823
- Bower's v. GlendeningSupreme Court of Virginia · 1814
3Cited by2 opinions
- Nashville & American Trust Co. v. BaxterTennessee Supreme Court · 1937
- Hollingsworth v. Arcadia Citrus Growers' AssociationSupreme Court of Florida · 1934