Monroe v. James
Supreme Court of Virginia
IN this case, (which was an action of detinue in behalf of the appellant against the appellee,) the following case was by the parties; viz. that the negro woman slave in ^® declaration mentioned, was the property of Joseph Jones, senior, deceased, at the’time of his decease, and subject to tiie disposition of his last will and testament, set forth in jl£c verba; the executors appointed therein being James Monroe, Joseph Jones, the*testator s son, and others; that ^ie…
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IN this case, (which was an action of detinue in behalf of the appellant against the appellee,) the following case was by the parties; viz. that the negro woman slave in ^® declaration mentioned, was the property of Joseph Jones, senior, deceased, at the’time of his decease, and subject to tiie disposition of his last will and testament, set forth in jl£c verba; the executors appointed therein being James Monroe, Joseph Jones, the*testator s son, and others; that ^ie defendant bought her, for valuable consideration, from one George Begg, who bought from Joseph Jones, jun. deceased, (named one…
1Opinion of the Court
the Judges (Coulter, Cabell, and Fleming) delivered their opinions, seriatim.
Judge Coaltek.
In England an executor, before pro-bat, may do almost every thing which he can do afterwards, (a) t?"4’ , • p . , . . . He may take possession of the goods, pay and receive debts, make acquittances and releases of debts, take releases, sell, or give away the goods, assent to legacies, &c.; and these things do not require a subsequent probat to confirm them ; for, if he die after any of these acts done, and before probat, yet they stand good.(b) He may sue and be sued, but can» not declare until probat:…
2Cited by9 opinions
- Stagg v. GreenSupreme Court of Missouri · 1871
- Gibson v. BeckhamSupreme Court of Virginia · 1862
- Gibson v. BeckhamSupreme Court of Virginia · 1862
- Prudential Insurance Co. of America v. StephensDistrict Court, E.D. Virginia · 1980
- Gibson v. BeckhamSupreme Court of Virginia · 1862
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