Tazewell's ex'or v. Saunders' ex'or
Supreme Court of Virginia
On the 20th of July 1795 Littleton Tazewell executed to John Bracken and Robert Saunders, executors of James Carter deceased, a bond in the penalty of one thousand two hundred and fifty-three pounds six sMllingsf and seven and a half pence, with condition to pay one-half of that sum on the 1st day of the next January, with interest from the date.
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On the 20th of July 1795 Littleton Tazewell executed to John Bracken and Robert Saunders, executors of James Carter deceased, a bond in the penalty of one thousand two hundred and fifty-three pounds six sMllingsf and seven and a half pence, with condition to pay one-half of that sum on the 1st day of the next January, with interest from the date. Upon this bond there was a credit of two hundred and fifty pounds, under date of October 24th, 1796. Littleton Tazewell died in 1815; and by his will, which was duly admitted to probat, he authorized his executoi’s to sell any part of his estate real…
1Opinion of the CourtMoncure, J.
The first question presenting itself for consideration in this case is, Whether Saunders’ executor is entitled to any relief at all against Little-ton Tazewell’s estate? That a claim for which the cause of action accrued in 1796, against a debtor who died in 1815, leaving apparently an ample estate for the payment of his debts, has not yet been prosecuted to a recovery, would seem to impute great laches to those whose interest or duty it was to prosecute the claim. But laches in the assertion or prosecution of a claim is not always enough to defeat it. The laches must be such as to afford a…
2Cases cited2 opinions
- Roane's Administrator v. Drummond's AdministratorsSupreme Court of Virginia · 1828
- Tennant's v. GraySupreme Court of Virginia · 1817
3Cited by13 opinions
- Perry v. HornWest Virginia Supreme Court · 1883
- Tunstall's Adm'r v. WithersSupreme Court of Virginia · 1890
- Selden's Ex'or v. KennedySupreme Court of Virginia · 1906
- Terry v. Fontaine's Adm'rSupreme Court of Virginia · 1887
- Browning v. BrowningWest Virginia Supreme Court · 1919
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