Myers v. Wade
Supreme Court of Virginia
This was an appeal from a Decree of the Chancery Court of Win■chester. The Complainants were John Wade, and Hannah his wife, who was Hannah Myers, Joseph Purcell, and Susan his wife, who was Susan Myers, and Thomas Myers, and John Myers.
Read the full summary
This was an appeal from a Decree of the Chancery Court of Win■chester. The Complainants were John Wade, and Hannah his wife, who was Hannah Myers, Joseph Purcell, and Susan his wife, who was Susan Myers, and Thomas Myers, and John Myers. They state in their Bill, that Benjamin Myers, late of Loudoun, died intestate, leaving considerable personal estate, and leaving as his representatives, his widow, Elizabeth Myers, and eight children, viz: Elizabeth, a daughter who attained her age, and died intestate, Benjamin, a son who died an infant intestate, Thomas and John, two of the Plaintiffs,…
1Opinion of the Court
The Judges delivered their opinions.*
Judge Guisen.
The Chancellor properly held in this case, that the sureties for the Guardianship, and not those for the Administration, were responsible. Mrs. Myers’ admission, in her Answer, that upon qualifying as Guardian, she received the estates of the infants into her hands, though not conclusive, is prima facie evidence against her sureties, and is not contradicted. She was not Guardian for John, and consequently, her sureties are not responsible for his share of his father’s estate in her hands, and as to this part of the subject, the Bill should…
2Cited by17 opinions
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Tittman v. GreenSupreme Court of Missouri · 1891
- Smith v. GregorySupreme Court of Virginia · 1875
- Garrett ex'or of Allen v. CarrSupreme Court of Virginia · 1842
12 more not listed; retrieve them via the Exa API.