Staples v. Staples
Supreme Court of Virginia
Oil the 19th of February 1861 David Staples, late of the county of Amherst, made his will, and he died in July of that year. In September following the will was admitted to probate in the County court of Amherst, and David T. Staples qualified as executor.
Read the full summary
Oil the 19th of February 1861 David Staples, late of the county of Amherst, made his will, and he died in July of that year. In September following the will was admitted to probate in the County court of Amherst, and David T. Staples qualified as executor. By his will the testator gave to his widow during her life a negro woman, and' $200 a year; and to his daughter Emily his piano and $100 a year until his. estate was divided, or a division of some portion of it. should occur. He .then says: “I will that all of my estate be sold as soon as the times seem to justify a sale-without sacrifice,…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The court is of opinion, that the appellee, David T. Staples, executor of David Staples, had authority under the will of his testator,to sell the real estate of said testator, as he did on the ninth day of July 1862. The testator, by his said will, which bears date on the 19th day of February 1861, expressly directed all his estate to be sold “as soon as the times seem to justify a sale without sacrifice,” and the proceeds, without regard to any advancements theretofore made, to be equally divided amongst his children, namiug them, and who were…
2Cited by6 opinions
- Cooper v. Cooper's Ex'orSupreme Court of Virginia · 1883
- Lingle v. Cook's adm'rsSupreme Court of Virginia · 1879
- Mills v. Mills' ex'orsSupreme Court of Virginia · 1877
- Davies v. HughesSupreme Court of Virginia · 1890
- Wayland v. Crank's Ex'orSupreme Court of Virginia · 1884
1 more not listed; retrieve them via the Exa API.