Harvey's Adm'r v. Steptoe's Adm'r
Supreme Court of Virginia
In March, 1816, James C. Steptoe and others entered into a covenant with Matthew Harvey, to pay him one hundred and seventy-two shares of the capital stock of the Farmers Bank of Virginia. In 1820 Harvey instituted an action on this covenant, which, for some cause, had to he dismissed.
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In March, 1816, James C. Steptoe and others entered into a covenant with Matthew Harvey, to pay him one hundred and seventy-two shares of the capital stock of the Farmers Bank of Virginia. In 1820 Harvey instituted an action on this covenant, which, for some cause, had to he dismissed. On the 4th of April, 1827, James C. Steptoe made a deed by which he conveyed all his property to Thomas Steptoe and three others, in trust to dispose of the same, and out of the proceeds to pay a large amount of debt due from himself, and also debts due from his father. He died in the same year, and left a will…
1Opinion of the CourtJoynrs, J.
James Steptoe by his will bequeathed to his son James C. Steptoe certain property and debts, ‘ ‘as a fund out of which” he was to pay the debts of the testator ; and gave him, for his own benefit, the residue thereof that might remain after payment of the debts. This was not a legacy upon condition of paying the debts of the testator. The bequest created a trust fund which James C. Steptoe was to apply to the payment of the testator’s debts, and the acceptance of the bequest imposed no obligation upon him beyond the value of the fund. To the extent, therefore, to which the deed of trust of…
2Cases cited5 opinions
- Stephenson v. TavernersSupreme Court of Virginia · 1852
- Crump v. United States Mining CompanySupreme Court of Virginia · 1851
- Myers v. WadeSupreme Court of Virginia · 1828
- Miller v. Holcombe's Ex'orSupreme Court of Virginia · 1853
- Hudson v. Hudson's AdministratorSupreme Court of Virginia · 1816
3Cited by26 opinions
- Piedmont & Arlington Life Insurance v. MaurySupreme Court of Virginia · 1881
- Laidley v. Kline's Adm'rWest Virginia Supreme Court · 1884
- Craufurd's Adm'r v. Smith's Ex'orSupreme Court of Virginia · 1896
- Cochran v. ParisSupreme Court of Virginia · 1854
- Robinson v. AllenSupreme Court of Virginia · 1889
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