Miller's executors v. Rice
Supreme Court of Virginia
This was an appeal from the Richmond chancery court. "William Miller and James B. Ferguson, executors of Thomas Miller deceased, filed a bill against Rice and Seabrook, Galt and Johnson, John Forbes, and Isaac Curd and others, setting forth the following case : The testator died in 1819, leaving a will, by which he directed that his executors should have full power to sell all his real and personal estate for the payment of his just debts, except bis plantations called…
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This was an appeal from the Richmond chancery court. "William Miller and James B. Ferguson, executors of Thomas Miller deceased, filed a bill against Rice and Seabrook, Galt and Johnson, John Forbes, and Isaac Curd and others, setting forth the following case : The testator died in 1819, leaving a will, by which he directed that his executors should have full power to sell all his real and personal estate for the payment of his just debts, except bis plantations called Woodville and La Vallee, which, he directed, should not be sold, if his other estate should be sufficient for the payment of…
1Opinion of the Court
May 14.
Judge Green
The appellants are executors of Thomas Miller, who, by his will, subjected his whole estate, real and personal, to be sold by his executors, for the payment of his debts. *441He died seised of four tracts of land of great value; the two most valuable of which, were subject to incumbrances for the payment of large debts, not due at the time of his death. His personal assets were appraised to upwards of g 61,000; but the debts secured by the deeds of trust upon the said tracts of land, exceeded the whole amount of the personal assets. The appellees, who were creditors of Thomas…
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