McLarty v. Abercrombie

The questions arising on the motion to dismiss will be first discussed. In the cross-bill of exceptions it is complained that the court erred in not sustaining the “motion to dismiss” upon each and every ground. The questions as stated in *745the brief of counsel for defendants will be discussed seriatim. “Can a suit be maintained by a devisee under a will for the recovery of the property devised, without alleging an assent to the devise by the executor of said will ?” “All property, both real and personal, in this State, being assets to pay debts, no devise or legacy passes the title until the…