Legal Opinion

Wimbish & Wife v. Rawlins' Ex'or

Supreme Court of Virginia

Decided December 15, 1881PublishedCited by 7 opinions

Appeal from decrees of circuit court of Mecklenburg county in two suits beard together, styled respectively Abram Wimbisb and Fannie, bis wife, against Carter, administrator de bonis non of Edmund Townes, and Tarry, executor of E. A. Eawlins, wbo bad been executor of Townes, and others; and same plaintiffs against Eawlins’ executor- and als.

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Appeal from decrees of circuit court of Mecklenburg county in two suits beard together, styled respectively Abram Wimbisb and Fannie, bis wife, against Carter, administrator de bonis non of Edmund Townes, and Tarry, executor of E. A. Eawlins, wbo bad been executor of Townes, and others; and same plaintiffs against Eawlins’ executor- and als. Object of first was to surcharge and falsify the accounts stated ex parte of Eawlins as such executor, in bis. lifetime, and by Tarry, Ms executor, of the administration of the assets of Edmund Townes’ estate. Object of second was to surcharge and falsify…

1Opinion of the CourtAnderson, J.

Edmund Townes died in January, 1861. By his will, after making an inconsiderable legacy to his son, William H. Townes, he gives and bequeaths to his other six children (naming them) the balance of his estate, both real and personal—his wife, if she should survive him, taking what the law allows her. His will then proceeds: “I desire that all my just debts may be paid as soon as it may be convenient. The land I own in Mecklenburg county, Va. (which is described), I wish sold, and all property upon it, except the negroes, upon such terms as my executors may deem most advisable.” He appoints…

2Cases cited2 opinions

  1. Corbin v. Mills' Ex'orsSupreme Court of Virginia · 1869
  2. Williams' adm'rs v. SkinkerSupreme Court of Virginia · 1874

3Cited by7 opinions

  1. Shipman v. FletcherSupreme Court of Virginia · 1895
  2. Radford v. FowlkesSupreme Court of Virginia · 1889
  3. Evans v. SpurginSupreme Court of Virginia · 1854
  4. Leavell v. Smith'sSupreme Court of Virginia · 1901
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

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