Smith v. Fox's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Fauquier county, pronounced September 14,1883, in a cause under style of Fox’s Adm’r against Freeman’s Ex’or and others, wherein Robert Whitaker, sheriff administrator, d. b. n. w. w. a. of John Fox, deceased, is plaintiff, and James Smith and Charles A. Smith and Margaret A. Smith, his wife, are defendants.
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Appeal from decree of circuit court of Fauquier county, pronounced September 14,1883, in a cause under style of Fox’s Adm’r against Freeman’s Ex’or and others, wherein Robert Whitaker, sheriff administrator, d. b. n. w. w. a. of John Fox, deceased, is plaintiff, and James Smith and Charles A. Smith and Margaret A. Smith, his wife, are defendants. The circuit court decreed that Margaret A. Smith, under the will of James Freeman, had the entire estate in the fifty-two acres devised to the separate use of her and her children, and the jus disponendi thereof, and that the trust deed to Thomas…
1Opinion of the CourtLacy, J.
*766The bill was filed to subject the lauds of James Freeman, deceased, in the hands of his devisees, to the payment of the debts of the said Freeman, secured thereon by trust deed. The several devisees having paid their ratable share of the said debt, except James Freeman’s daughter, Margaret, who had intermarried with Charles Smith, and she and her husband having conveyed her share of the land under her father’s will in trust to a trustee to secure a debt due to one M. M. McDonald, the trustee sold the land, which was conveyed to McDonald, who became the purchaser, and the money was brought…
2Cases cited5 opinions
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
- Barksdale v. WhiteSupreme Court of Virginia · 1877
- Bailey v. HillSupreme Court of Virginia · 1883
- Birchett v. BollingSupreme Court of Virginia · 1817
- Finch v. MarksSupreme Court of Virginia · 1882
3Cited by4 opinions
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