Smith v. Townes's Administrator
Supreme Court of Virginia
On the trial of an action of detinue for sundry slaves, instituted by the appellants against the appellee, in the Superior Court ol law for Amelia County ; issues being' joined on the pleas of non detinet and the act of limitations; the defendant moved the court to instruct the jury, that, where a testator bequeaths personal property to a legatee, which, at the time of his death, is out of his possession, and to which the representatives of the person then in possession now…
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On the trial of an action of detinue for sundry slaves, instituted by the appellants against the appellee, in the Superior Court ol law for Amelia County ; issues being' joined on the pleas of non detinet and the act of limitations; the defendant moved the court to instruct the jury, that, where a testator bequeaths personal property to a legatee, which, at the time of his death, is out of his possession, and to which the representatives of the person then in possession now set up an adverse claim, the assent of the executor to the legacy of the said property, which executor has never…
1Opinion of the Court
the president pronounced the following opinion of this court.
Where a specific thing is bequeathed, the assent of the executor vests the property in the legatee, and he may have 1 r 1 ° J an action at common law for the recovery of the legacy against a stranger, or the executor, as the case may be (a)
It is not perceived that the circumstances relied on by the appellee in this case can render the assent of the executor less availing. • It is believed to be unquestioned law, that the owner of a specific article of personal property may bequeath it by his will, although he may be out of…
2Cited by16 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Proctor v. RobinsonMichigan Supreme Court · 1877
- Averill v. O'FarrellWest Virginia Supreme Court · 1926
- Frazer's adm'r v. BevillSupreme Court of Virginia · 1854
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