Knight v. Oliver
Supreme Court of Virginia
William Carter died in 1817 intestate, leaving- a widow and ten children; and his son in law John H. Knight qualified as administrator upon his estate. In 1818 the widow and all the children, except Mrs. Knight, filed a bill in the County court of Nottoway for an allotment to the widow of her thirds of the estate, and a distribution of the residue among the children.
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William Carter died in 1817 intestate, leaving- a widow and ten children; and his son in law John H. Knight qualified as administrator upon his estate. In 1818 the widow and all the children, except Mrs. Knight, filed a bill in the County court of Nottoway for an allotment to the widow of her thirds of the estate, and a distribution of the residue among the children. In their bill they charge that John H. Knight had been advanced by their father a full proportion of the personal estate, and chose not to bring his advancements into distribution; so that he was *not entitled to any share in the…
1Opinion of the CourtDaniek, J.
At the time when the proceedings in reference to the first division of the estate of William Carter deceased were had in the County court of Nottoway, the distribution of intestates’ estates was gov*478erned by the act of 1785, which was re-enacted in 1792. The 27th section of the act provides, that “when any person shall die intestate as to his goods and chattels, or any part thereof, after funeral debts and just expenses paid, if there be no child, one moiety, or if there be a child or children, one-third, of the surplus shall go to the wife; but she shall have no more than the use, for her…
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