Legal Opinion

Rawlings' Ex'or v. Rawlings

Supreme Court of Virginia

Decided December 9, 1880PublishedCited by 42 opinions

William Eawlings, of the county of Loudoun, died in 1859, leaving a widow, but no children. He left a large estate, principally in debts due to him.

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William Eawlings, of the county of Loudoun, died in 1859, leaving a widow, but no children. He left a large estate, principally in debts due to him. These amounted to about $83,000. By his will he gave to his widow certain real estate for her life and two slaves, and $20,000 in bonds absolutely; and after some legacies, he directed the residue of his estate to be divided into eight equal parts, one of which he gave to each of his brothers and sisters, or their descendants, if they died before him. In December, 1859, F. M. Yonng qualified as executor of his will, and in January, 1861, settled…

1Opinion of the CourtBurks, J.

My opinion is, that if the decree of January 27,1875, was final in its character, the decree rescinding it, which is the decree appealed from, is erroneous.

The cases which have come before this court involving the question whether certain decrees were final or interlocutory, are numerous. Many of them are cited and commented upon by Judge Staples in the opinion of the court delivered by him in the recent case of Ryan’s Adm’r v. McLeod and others, 32 Gratt. 367, to which I beg to refer. In Harvey and Wife v. Branson, 1 Leigh, 108, 118, Judge Carr remarked that “when a decree makes an end of a…

2Cases cited4 opinions

  1. Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
  2. Harvey v. BransonSupreme Court of Virginia · 1829
  3. Kendrick v. WhitneySupreme Court of Virginia · 1877
  4. Ambrouse's heirs v. KellerSupreme Court of Virginia · 1872

3Cited by42 opinions

  1. McAuslan v. McAuslanSupreme Court of Rhode Island · 1912
  2. Core v. StricklerWest Virginia Supreme Court · 1884
  3. Rinehart & Dennis Co. v. McArthurSupreme Court of Virginia · 1918
  4. Dunn's Ex'rs v. RenickWest Virginia Supreme Court · 1895
  5. Johnson v. MerrittSupreme Court of Virginia · 1919

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