Newton's ex'or v. Bushong
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Augusta county, brought iu April 1866, by Samuel Bushong and others, legatees of Mary C. Bushong, against John Newton, as her executor, for au account of the estate of his testatrix, and the payment of their legacies. Mary C. Bushong died iu the year 1860, having made her will, which was duly admitted to probate, and John Newton qualified as her executor.
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This was a suit in equity in the Circuit court of Augusta county, brought iu April 1866, by Samuel Bushong and others, legatees of Mary C. Bushong, against John Newton, as her executor, for au account of the estate of his testatrix, and the payment of their legacies. Mary C. Bushong died iu the year 1860, having made her will, which was duly admitted to probate, and John Newton qualified as her executor. He delivered to the legatees the specific articles bequeathed to them, sold the other personal estate on the 7th of September 1860, on a credit of niue months, and in November 1861,…
1Opinion of the CourtStaples, J.
The important question in this case relates to the legacy of Samuel Bushong, a resident of the state of Indiana. This legacy was, in March 1862, reported by the executor to a Confederate receiver, and was confiscated as the property of an alien enemy. According to the statement of the executor the fund had been in his hands since July 1861, part of the proceeds-of the sale of personal estate belonging to the testatrix. There is no evidence of his assent to, or his participation in, the act of confiscation. On the contrary, it is to be inferred that he only made the report andpayment because…
2Cited by10 opinions
- Dinwiddie County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877
- Ruckman v. Lightner's Ex'orsSupreme Court of Virginia · 1873
- Bier v. DozierSupreme Court of Virginia · 1873
- Pilson v. BushongSupreme Court of Virginia · 1877
- Dinwiddie County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877
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