Leake's Ex'or v. Leake
Supreme Court of Virginia
Some time in February, 1859, Samuel Leake died, leaving a will by wkicli be appointed Wellington Goddin, of tbe firm of Goddin & Apperson, bis executor, wbo qualified as sucb in tbe circuit court of tbe city of Eichmond, on tbe 23d of February, 1859, and gave a bond in tbe penalty of $70,000, witb James L. Apperson, James M. Taylor and Lucian B. Price as bis sureties, and tbe executor proceeded immediately to convert tbe whole estate, except tbe slaves, into money.
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Some time in February, 1859, Samuel Leake died, leaving a will by wkicli be appointed Wellington Goddin, of tbe firm of Goddin & Apperson, bis executor, wbo qualified as sucb in tbe circuit court of tbe city of Eichmond, on tbe 23d of February, 1859, and gave a bond in tbe penalty of $70,000, witb James L. Apperson, James M. Taylor and Lucian B. Price as bis sureties, and tbe executor proceeded immediately to convert tbe whole estate, except tbe slaves, into money. Soon after bis qualification, Walter Leake filed a bill in said court against tbe executor, on bebalf of bimself and tbe other…
1Opinion of the CourtStaples, J.
It does not distinctly appear at what precise period the ex.ecutor collected the eleven thousand dollars *798involved in this controversy. It may be fairly inferred that it was early in the year 1859 or ’60; for the executor himself states that he had the money in hand in Feb., 1861. He says he did not invest it because he expected from term to term the trial of the appellee’s action against the estate, and thus the matter remained until the war began. It seems that the money was deposited in the Bank of Virginia to the credit of Goddin and Apperson, of which firm the executor was a member.
This…
2Cases cited7 opinions
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