Kent's Adm'r v. Cloyd's Adm'r
Supreme Court of Virginia
Tn November, 1872, David C. Kent, administrator of Gordon Cloyd, deceased, brought his suit in equity in the county court of Pulaski county, which was removed to the circuit court of the county, against Isaiah H. Welch, administrator de bonis non, with the will annexed, of James R. Kent, deceased, and the devisees and legatees of said James R. Kent, to subject the estate of said James R. Kent to satisfy a judgment which he had recovered against said Welch, administrator, as…
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Tn November, 1872, David C. Kent, administrator of Gordon Cloyd, deceased, brought his suit in equity in the county court of Pulaski county, which was removed to the circuit court of the county, against Isaiah H. Welch, administrator de bonis non, with the will annexed, of James R. Kent, deceased, and the devisees and legatees of said James R. Kent, to subject the estate of said James R. Kent to satisfy a judgment which he had recovered against said Welch, administrator, as aforesaid, in the county court of Pulaski, for the sum of $1,927.32, with interest and costs. The bill states that he…
1Opinion of the CourtStaples, J.
' The court is of opinion that the decree of the circuit court rendered at the August term, 1875, is founded upon a misconception of the meaning and effect of the answer of Isaiah A. Welch, administrator de bonis non with the will annexed of James R. Kent’s estate. That answer is not an unqualified admission of assets in the hands of the administrator sufficient to discharge ' all the liabilities of the estate, but an ' admission that certain assets then in litigation when collected would be sufficient for that purpose. This is rendered very clear by a statement at the foot of the answer,…
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