Peale v. Hickle
Supreme Court of Virginia
This was a suit instituted in the Circuit court of Rockingham county, by George Hickle and Harriet his wife, who was Harriet Peale, and four others, children of Bernard Peale deceased, against Catharine Peale the widow, and Jonathan Peale administrator, and two other children of Bernard Peale.
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This was a suit instituted in the Circuit court of Rockingham county, by George Hickle and Harriet his wife, who was Harriet Peale, and four others, children of Bernard Peale deceased, against Catharine Peale the widow, and Jonathan Peale administrator, and two other children of Bernard Peale. The bill charged, that Bernard Peale departed this life intestate in December 1818, leaving a widow and eight children; that he was, seized at the time of his death of a valuable tract of land in the county of Rockingham, containing about one hundred acres, adjoining upon which there was a valuable…
1Opinion of the CourtLee, J.
The first and sixth errors which are assigned in this case, are that the suit was brought against Catharine Peale in her character of widow and relict of Bernard Peale, and not as administratrix, and that the decree of the court is several against the appellant, whereas it should have been against him and the said Catharine, jointly. The bill it is true, in naming the parties prayed to be made defendants in the cause, does not specially designate her as administratrix, and in that capacity as well as in that of widow, ask that she -be made a party; but it does allege that she and the…
2Cases cited2 opinions
- Wills' adm'r v. Dunn's adm'rSupreme Court of Virginia · 1849
- Wyllie v. Venable'sSupreme Court of Virginia · 1815
3Cited by4 opinions
- Leach v. BucknerWest Virginia Supreme Court · 1881
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876