Legal Opinion

Hays's v. Hays

Supreme Court of Virginia

Decided February 11, 1817PublishedCited by 4 opinions

THE Appellees, suing as children of David Hays, who was one of the residuary legatees of Andrew Hays, deceased, filed their Bill in the Superior Court of Chancery for the Staunton District, against Andrew Hays, Executor of John Hays, who was the acting Executor, and Michael Hays, John Hays, Campbell Hays and James Hays, the other Legatees, of the said Andrew Hays, deceased; for the purpose of recovering the share to which David Hays, their father, was entitled.

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THE Appellees, suing as children of David Hays, who was one of the residuary legatees of Andrew Hays, deceased, filed their Bill in the Superior Court of Chancery for the Staunton District, against Andrew Hays, Executor of John Hays, who was the acting Executor, and Michael Hays, John Hays, Campbell Hays and James Hays, the other Legatees, of the said Andrew Hays, deceased; for the purpose of recovering the share to which David Hays, their father, was entitled. It appeared from the Bill, that David Hays had died intestate, and that no person had administered upon his estate. A decree being…

1Opinion of the Court

February 11th, 1817,

Judge Roane

pronounced the Court’s opinion.

“ The Court is of opinion, that, as the Appellees have noi “ sued as the legal representatives oí David Hays, but only in “ the character of his children, the Decree ought to be reversed “ with costs, and the Bill dismissed, upon the principle, upon “ which the Court went, in the case of Nelson Administrator “ of Walker v. Evans." (1)

Note. The case of Nelson Administrator of Walker v. Evans, was decided November 2d, 1816, and is similar to this; but, in the Order Book, the reason for reversing the Decree, and dismissing the Bill in…

2Cited by4 opinions

  1. Bryan v. McCannWest Virginia Supreme Court · 1904
  2. Miller v. Womack's AdministratorMississippi Chancery Courts · 1844
  3. Coleman, Administrator de bonis non v. M'Murdo & PrentisSupreme Court of Virginia · 1827
  4. Graff v. Castleman & M'CormickSupreme Court of Virginia · 1827

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