Tazewell v. Smith's administrator
Supreme Court of Virginia
This was a suit brought in the Richmond chancery court, by Larkin Smith, and Sophia Ann, his wife, against Littleton W. Tazewell, executor of Benjamin Taliaferro, deceased, William McCandlish, and Mary Nelson, his wife, and others, defendants.
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This was a suit brought in the Richmond chancery court, by Larkin Smith, and Sophia Ann, his wife, against Littleton W. Tazewell, executor of Benjamin Taliaferro, deceased, William McCandlish, and Mary Nelson, his wife, and others, defendants. The case disclosed by the bill, answers and exhibits, was as follows: Richard Taliaferro, by bis will, devised two tracts of land in Brunswick and Dinwiddie, to his wife, Rebecca, during her widowhood 5 and at her death or marriage, to Benjamin and Robert Taliaferro, his sons, equally to be divided between them. Benjamin Taliaferro intermarried with the…
1Opinion of the Court
February 17.
Judge Cabell,
delivered the opinion of the court.*
The first question which presents itself in this case, admitting that all necessary parties are before the court, is, whether the interest intended by the will of Benjamin Taliaferro for bis two sons, Richard Henry, and Henry Taliaferr o, were vested and continuing interests, at the time of their deaths.
This question presents no difficulty. It is clearly a vested interest, unless a different result be produced by the testator having left the time of selling, to the discretion of the executor. In every instance of a sale by an…
2Cited by18 opinions
- Effinger v. HallSupreme Court of Virginia · 1885
- Rumsey v. DurhamIndiana Supreme Court · 1854
- Williams v. WilliamsCalifornia Supreme Court · 1887
- Allen v. WattsSupreme Court of Alabama · 1893
- Boland v. TiernaySupreme Court of Iowa · 1902
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