Yancey v. Field
Supreme Court of Virginia
This was an appeal from a decree of the circuit court of Culpeper county, rendered upon the petition of Henry S. Field and Edmonia, his wife, filed in the chancery cause of Yancey v. Field, pending in the said court. The suit was1 originally commenced by the late James P. Yancey for a settlement of the estate of the late Judge Richard H. Field, and in the progress ■of the cause, the plaintiff died.
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This was an appeal from a decree of the circuit court of Culpeper county, rendered upon the petition of Henry S. Field and Edmonia, his wife, filed in the chancery cause of Yancey v. Field, pending in the said court. The suit was1 originally commenced by the late James P. Yancey for a settlement of the estate of the late Judge Richard H. Field, and in the progress ■of the cause, the plaintiff died. The petition set forth that the said James P. Yancey, in his life-time, was a i creditor of the estate, as evidenced by tioo bonds—one for $1,986, and the other for $120, with interest—and that a…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of,the court.
The decree appealed from is clearly erroneous. This conclusion, however, has heen reached not without reluctance. Had we the authority to execute the alleged gift, or, in other words, to give effect to the' manifest intention of the ^decedent to aid this worthy lady, the female appellee, the court svithout hesitation would affirm the decree. But we have no such authority. Our province is not to make law, but to administer it, and we must, therefore, decide this case according to the settled law as • it is written, and not…
2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Lee's Ex'or v. BoakSupreme Court of Virginia · 1854
- Scott's Ex'or v. ScottSupreme Court of Virginia · 1887
3Cited by24 opinions
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- Knight v. TrippCalifornia Supreme Court · 1898
- Atchley v. RimmerTennessee Supreme Court · 1923
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
- Johnson v. ColleySupreme Court of Virginia · 1903
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