Sillings v. Bumgardner
Supreme Court of Virginia
In 1835 William A. Hanger died, leaving a widow Rebecca, and an infant son Robertson Hanger. At the May term of the County court of Augusta the widow, Rebecca Hanger, and Henry Imboden qualified as administratrix and administrator of William A. Hanger, and executed a joint bond with John Sillings and two others as their sureties. In 1839 John Bumgardner married the widow Rebecca; and in the same year qualified as guardian of Robertson Hanger.
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In 1835 William A. Hanger died, leaving a widow Rebecca, and an infant son Robertson Hanger. At the May term of the County court of Augusta the widow, Rebecca Hanger, and Henry Imboden qualified as administratrix and administrator of William A. Hanger, and executed a joint bond with John Sillings and two others as their sureties. In 1839 John Bumgardner married the widow Rebecca; and in the same year qualified as guardian of Robertson Hanger. In 1843 he instituted a suit in equity in the Circuit court of Augusta county, in which he, describing himself as guardian of Robertson Hanger, was the…
1Opinion of the CourtMoncure, J.
Several very interesting questions were discussed in this case, which it will be unnecessary, if not improper, at this time to decide. Among other objections taken by the appellants’ counsel to the decree of the Circuit court is that of want of proper parties; which we are of opinion is fatal. The suit -was brought to recover of an administrator the distributable balance due by him. The only distributees were the widow and child of the decedent; and neither of them was a party. Both were necessary' parties. In general one distributee cannot maintain a suit to recover his distributable share…
2Cited by18 opinions
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Morrison's Ex'or v. Householder's Adm'rSupreme Court of Virginia · 1884
- Rexroad v. McQuainWest Virginia Supreme Court · 1884
- Campbell v. FichterIndiana Supreme Court · 1907
- Keyser v. RennerSupreme Court of Virginia · 1890
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