Findlay v. Sheffey
Supreme Court of Virginia
This was an appeal from the Wythe chancery court. The case, presented by the bill and exhibits, was this: Thomas King, by his last will, devised certain houses arid lots in the town of Fincastle to he sold by his executors, and the proceeds to be divided among certain legatees, in the following proportions, viz: to the children of his son an(* daughter Connally and Nancy Findlay, two fifths : to his son and daughter John and Elizabeth Mitchell, two fifths: and to his son and…
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This was an appeal from the Wythe chancery court. The case, presented by the bill and exhibits, was this: Thomas King, by his last will, devised certain houses arid lots in the town of Fincastle to he sold by his executors, and the proceeds to be divided among certain legatees, in the following proportions, viz: to the children of his son an(* daughter Connally and Nancy Findlay, two fifths : to his son and daughter John and Elizabeth Mitchell, two fifths: and to his son and daughter John and Hannah _ ° ■ Allen, the remaining one fifth. He appointed three executors, only two of whom, Findlay…
1Opinion of the Court
Judge Brooke,
delivered the opinion of the court.*
The court is of opinion, that the other devisees interested in the Fincastle property, ought to have been made parties, and an account of the sales of that property taken. The court is further of opinion, that John Mitchell, the other executor, ought also to have been before the court, it being ailedged in the bill that the sale was made by them jointly, and that the said decree is erroneous 5 therefore, it is decreed and ordered, that the same be reversed and annulled, and. that the appellee do pay unto the appellants the costs, as well by…
2Cited by3 opinions
- Terry v. Fontaine's Adm'rSupreme Court of Virginia · 1887
- Campbell v. LynchWest Virginia Supreme Court · 1873
- Evans v. SpurginSupreme Court of Virginia · 1854