Nelson v. Carrington
Supreme Court of Virginia
LEWIS B UR WELL, the elder, who died in the yea? ^8by his will directed that his executors should sell, a‘ public or private sale, as they should think most convenient, all his estate real and personal, for the payment of his debts ; and that the surplus of the money should be divided between his daughter Elizabeth Page, his son Nathaniel Bur-well, and his two grandsons Edwin and William A. Burwell.
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LEWIS B UR WELL, the elder, who died in the yea? ^8by his will directed that his executors should sell, a‘ public or private sale, as they should think most convenient, all his estate real and personal, for the payment of his debts ; and that the surplus of the money should be divided between his daughter Elizabeth Page, his son Nathaniel Bur-well, and his two grandsons Edwin and William A. Burwell. He appointed his sons Lewis and Nathaniel, Mr. John Page, junr. of Caroline County, and Lewis Burwell, of Mecklenburg, his executors ; of whom the three last mentioned qualified. On the 12th of…
1Opinion of the Court
the president delivered the following opinion of this court;
The court is of opinion that, by the agreement of the 12th of July, 1794, between the appellant and Nathaniel Burwell, one of the executors of Lewis Burwell the elder, if the samé had contained no clause giving the appellant an election to sui’vey, he would have been entitled to l'elief, in'the case of the deficiency, which has appeared in the land thereby contracted to be sold ; the known law of this court being, that, in cases of a sale by the acre, l’elief is to be granted for all deficiencies not reasonably imputable to the…
2Cases cited1 opinion
- Jollife v. HiteCourt of Appeals of Virginia · 1798
3Cited by45 opinions
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Watson v. HoySupreme Court of Virginia · 1877
- Pownall v. CearfossWest Virginia Supreme Court · 1946
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Jollife v. HiteCourt of Appeals of Virginia · 1798
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