Carr's adm'r v. Chapman's legatees
Supreme Court of Virginia
This was an appeal from a decree of the superiour court of chancery of Fredericksburg. The bill was exhibited, in April 1818, by Charles Chapman, Jane Thornton, and Thomas Thornton administrator of Carr Chapman deceased, children and legatees of Thomas Chapman the elder deceased, against Thomas Chapman the younger, in his own right and as executor of William Carr deceased, who was the surviving partner and the executor of Thomas Chapman the elder, and Susanna Guionette…
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This was an appeal from a decree of the superiour court of chancery of Fredericksburg. The bill was exhibited, in April 1818, by Charles Chapman, Jane Thornton, and Thomas Thornton administrator of Carr Chapman deceased, children and legatees of Thomas Chapman the elder deceased, against Thomas Chapman the younger, in his own right and as executor of William Carr deceased, who was the surviving partner and the executor of Thomas Chapman the elder, and Susanna Guionette relict of the same Thomas Chapman the elder: and the object of the suit was, to have a settlement of certain partnership…
1Opinion of the CourtCarr, J.
The argument in this case, though on a preliminary question, was very elaborate, and calculated to give a full view to the whole subject. The great question discussed was, whether under the circumstances as disclosed by the bill and answers, particularly, the length of time, the case ought to have been sent to account; and even if it was not error to order an account, whether the bill ought not to have been dismissed on the return of the commissioner’s report? After a diligent and anxious examination of the authorities and the reasons applying to the case, I am of opinion, that considerations…
2Cases cited3 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Coleman v. Lyne'sCourt of Appeals of Virginia · 1826
- Bolling v. BollingSupreme Court of Virginia · 1817