Wayland v. Crank's Ex'or
Supreme Court of Virginia
Appeal from decrees of circuit court of Albemarle county, pronounced in the years 1881, 1882 and 1883, in the cause of Crank’s Executors against Crank’s Heirs, &c. R. Gr. Crank died in 1881, leaving a will in which W. Gr. Farish was named as executor.
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Appeal from decrees of circuit court of Albemarle county, pronounced in the years 1881, 1882 and 1883, in the cause of Crank’s Executors against Crank’s Heirs, &c. R. Gr. Crank died in 1881, leaving a will in which W. Gr. Farish was named as executor. The will gave executor privilege of taking testator’s farm, “Home Place,” at $15 per acre, and if he refused to do so, his brother, T. M. Farish, was given same privilege; and in event of his refusal, executor was required to sell it. Executor and brother both refused to take it, and it was sold at public auction and purchased by Frank P.…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court:
If, upon the principle recognized by this court in Mettert’s Adm’r v. Hagan, 18 Gratt. 231, and in Kendrick v. Whitney, 28 Id. 646, and other cases, the answer of the defendants, Way-land and wife, the appellants here, is treated as a cross-hill, then the case, as made by the pleadings, presents certain demands by the appellants against R. G. Crank’s executor, which are sought to he maintained on two grounds : 1. Upon the alleged devastavit of the executor in cancelling the sale made by him of the “Home Place,” at the price of $13.50 per acre, to…
2Cases cited10 opinions
- Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
- Hurt v. JonesSupreme Court of Virginia · 1881
- Elliott v. CarterSupreme Court of Virginia · 1853
- Harvey v. BransonSupreme Court of Virginia · 1829
- Mettert's adm'r v. HaganSupreme Court of Virginia · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Otis v. KennedyMichigan Supreme Court · 1895
- Evans v. SpurginSupreme Court of Virginia · 1854
- Ketchum v. KetchumMichigan Supreme Court · 1913
- Carlson v. PetersonSupreme Court of Minnesota · 1955
- Tate v. VanceSupreme Court of Virginia · 1876
2 more not listed; retrieve them via the Exa API.