Chapman's adm'rs v. Shepherd's adm'r
Supreme Court of Virginia
William Shepherd, of the county of Orange, died in the year 1825, leaving a will, which was duly admitted to probate, and James Shepherd and [Reynolds Chapman qualified as executors, giving separate bonds. William Shepherd had no family of his own, and he bequeathed his estate to his brothers and sisters, and the children of those who were dead; and these were numerous when this suit was instituted.
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William Shepherd, of the county of Orange, died in the year 1825, leaving a will, which was duly admitted to probate, and James Shepherd and [Reynolds Chapman qualified as executors, giving separate bonds. William Shepherd had no family of his own, and he bequeathed his estate to his brothers and sisters, and the children of those who were dead; and these were numerous when this suit was instituted. He had been the executor of his father, who died about the year 1803, and had never settled his accounts before any court. And after his death various suits were brought in which his estate was…
1Opinion of the CourtStaples, J.
The appellants’ first exception is to the charge of interest upon a debt lost by the negligence of the executors. It appears that the bond evidencing this debt was executed by Hansbrough and Bell in 1821. Upon the death of the testator in 1825, it passed into the hands of the executors as assets of the estate. Although the bond was then perfectly good, and so continued until the year 1839, the executors never made the slightest effort to collect it. Upon this state of facts the Circuit court rendered a decree against their representatives for the principal of the debt, with interest thereon…
2Cases cited1 opinion
- Payne v. Britton'sSupreme Court of Virginia · 1828
3Cited by25 opinions
- American Iron & Steel Manufacturing Co. v. Seaboard Air Line RailwaySupreme Court of the United States · 1914
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Roberts' adm'or v. CockeSupreme Court of Virginia · 1877
- Bischoff v. FrancesaWest Virginia Supreme Court · 1949
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
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