Watts v. Newberry
Supreme Court of Virginia
Appeal from decrees of the Circuit Court of Tazewell county. A debt in favor of appellant was reported as a fiduciary debt and given preference in the report of the master. Another creditor excepted; the exception was sustained, and it was decided that appellant was not entitled to a preference, but that, his debt stood on the same footing as other simple contract debts,, unsecured. From these decrees this appeal was taken.
1Opinion of the CourtBuchanan, J.
The first assignment of error presents the question, whether or not, in the payment of the debts of John G. Watts, deceased, out of the assets in the hands of his personal representative, priority is accorded by law to the debt owing by the said decedent as guardian de son tort of the appellant, B. Bowen Watts, the assets being insufficient to discharge all of the debts.
Section 2660 of the Code provides that, where the assets of a decedent, in the hands of the personal representative, after the *238payment of funeral expenses and charges of administration, are not sufficient for the satisfaction…
2Cases cited7 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Wetherell v. O'BrienIllinois Supreme Court · 1892
- Nye v. LovittSupreme Court of Virginia · 1896
- Doswell v. Buchanan's ex'orsSupreme Court of Virginia · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tauber v. Commonwealth Ex Rel. KilgoreSupreme Court of Virginia · 2002
- Crestar Bank v. WilliamsSupreme Court of Virginia · 1995
- French v. PobstSupreme Court of Virginia · 1962
- City of Roanoke v. BlairSupreme Court of Virginia · 1907
- Stull v. HarveySupreme Court of Virginia · 1911
4 more not listed; retrieve them via the Exa API.