Lee's Ex'or v. Boak
Supreme Court of Virginia
Samuel Lee, by his will, recorded in 1842, directed his estate to be sold by his executors, and the fund arising' therefrom, after the payment of his debts, to be distributed among a large number of nephews and nieces; giving to four of them, of whom the appellee William L. Boak was one, each two shares thereof, subject, however, as to the share of the said Boak, to a deduction therefrom of all moneys theretofore paid by the testator for him as his security.
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Samuel Lee, by his will, recorded in 1842, directed his estate to be sold by his executors, and the fund arising' therefrom, after the payment of his debts, to be distributed among a large number of nephews and nieces; giving to four of them, of whom the appellee William L. Boak was one, each two shares thereof, subject, however, as to the share of the said Boak, to a deduction therefrom of all moneys theretofore paid by the testator for him as his security. In 1845 Boak filed his bill against Throckmorton, executor, and the other legatees of Tee, for an account and distribution of the…
1Opinion of the Court
MONCURE, J.,
after stating the case, proceeded:
The appellant has no cause to complain, and does not complain, of the decree of the court below directing the issues. No exception having been taken to the verdict, and the court having rendered a decree thereon, the facts found therein must be regarded as the established facts of the case. Whether the testator stood in loco parentis, in relation to his nephew Boak; and whether the legacy was a portion, and the donation of the bonds, receipts and other evidences of debt was of such a nature as that, standing by itself, it would have been…
2Cited by14 opinions
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
- Witten v. St. ClairWest Virginia Supreme Court · 1886
- Hickman v. Baltimore & O. R. R.West Virginia Supreme Court · 1887
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