Terry v. Coles' Ex'or
Supreme Court of Virginia
Argued at "Wytheville, but decided at Staunton. Appeal from decree of circuit court of Roanoke county, rendered October 9th, 1884, in the chancery cause wherein Robert McClellan, executor of Elizabeth Coles, deceased, was plaintiff, and John Coles and others, the devisees and legatees of said Elizabeth Coles and others, were defendants.
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Argued at "Wytheville, but decided at Staunton. Appeal from decree of circuit court of Roanoke county, rendered October 9th, 1884, in the chancery cause wherein Robert McClellan, executor of Elizabeth Coles, deceased, was plaintiff, and John Coles and others, the devisees and legatees of said Elizabeth Coles and others, were defendants. The object of the suit was to obtain the court’s instructions and directions as to the proper mode of executing the trusts imposed on the executor by the will, and especially as to the sale of a tract of 4552 acres of land, part of the testatrix’s estate. The…
1Opinion of the CourtLaoy, J.
In September, 1883, the appellee, the executor of Elizabeth D. Coles, deceased, instituted a chancery suit in the circuit court of Boanoke county, setting forth the death of his testatrix on the 9th day of June of that year; the probate of her will and his qualification thereunder, and filed a copy of the will. That, among other property, the testatrix was the owner of a tract of four thousand five hundred acres of land, which consisted in large part of mountain land. That there were *697numerous small settlements upon this land occupied by tenants. That he thought it might be to the interest of…
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