Legal Opinion

McCormick's Ex'ors v. Wright's Ex'ors

Supreme Court of Virginia

Decided October 7, 1884PublishedCited by 6 opinions

Appeal from two decrees of circuit court of Frederick county, rendered 24th. November, 1882, and 3d December, 1883, respectively, in tbe cause of Daniel Wright’s executors and others against Thomas Allen Tidball’s executors and others.

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Appeal from two decrees of circuit court of Frederick county, rendered 24th. November, 1882, and 3d December, 1883, respectively, in tbe cause of Daniel Wright’s executors and others against Thomas Allen Tidball’s executors and others. Mr. Tidball died in 1856, and his will was probated 6th May of that year, and James Marshall and Province McCormick named therein as executors, duly qualified as such, giving bond in penalty of $70,000, with Henry M. Marshall, Francis McCormick, William Taylor, and Hugh H. McGuire, as sureties. They proceeded to administer the estate, and in September, 1857,…

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court:

On the former appeal in this case it was held, affirming the decree of the circuit court: 1. That Mr. Marshall, one of the executors of Tidball, was entitled only to his pro rata share of the assets of the estate in payment of the advances made by him on account of certain debts of the testator, upon which he was bound as surety, and that, therefore, “in crediting himself with the full amount of those debts, he committed an error to the prejudice of the other creditors.” 2.. That the ex parte settlements of the *533executors were sufficiently impeached…

2Cases cited4 opinions

  1. Leake's Ex'or v. LeakeSupreme Court of Virginia · 1881
  2. New York Life Insurance v. ClemmittSupreme Court of Virginia · 1883
  3. Caskie's Ex'ors v. HarrisonSupreme Court of Virginia · 1882
  4. Sharpe's Ex'or v. RockwoodSupreme Court of Virginia · 1883

3Cited by6 opinions

  1. Beecher v. Lewis & BagbySupreme Court of Virginia · 1888
  2. Rosenberger v. RosenbergerSupreme Court of Virginia · 1946
  3. Moorman v. CrockettSupreme Court of Virginia · 1893
  4. Robertson v. GillenwatersSupreme Court of Virginia · 1888
  5. Robinett v. Robinett's HeirsSupreme Court of Virginia · 1894

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