Banks v. Banks

By JUDGE ALEX H. SANDS, JR.

This suit, seeking aid and guidance in the administration of the estate of Lucy Newkirk Thornton, raises two questions.

The first question is whether the outstanding encumbrance of $2,289.91 against the premises located at 608 Maggie Walker Avenue, Richmond, should be a charge against the Thornton estate, or whether the specific legacy itself should be the source from which the encumbrance is paid off. The Court assumes from what was said in argument that the encumbrance represented a personal debt of testator. In such case the answer to the problem appears to be…