Fultz v. Brightwell
Supreme Court of Virginia
Appeal from decree of circuit court of Augusta county, entered at its June term, 1881, in the cause of Brightwell, &c., v. Bright-well’s heirs. Ptolemy Brightwell died in the state of Missouri intestate, leaving a widow and children, and real and personal estate in said county. David Fultz, in 1858, qualified in said county as his administrator.
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Appeal from decree of circuit court of Augusta county, entered at its June term, 1881, in the cause of Brightwell, &c., v. Bright-well’s heirs. Ptolemy Brightwell died in the state of Missouri intestate, leaving a widow and children, and real and personal estate in said county. David Fultz, in 1858, qualified in said county as his administrator. In a suit instituted in 1859, in said circuit court, in the names of the widow and heirs for the purpose, a house and lot, descended upon them from the intestate, was decreed to he sold, and in 1860 sale thereof was made and confirmed to Bobert Gr.…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Whether the deposit of Confederate currency with the general receiver of the circuit court of Augusta, made by the appellant, Pultz, under the decree of June 10, 1863, discharged him from liability as the administrator-of Ptolemy Brightwell, deceased, is the main question for determination on this appeal. The court below held that it did not, and, we think, correctly. That decree was entered without any notice whatever to the parties interested in the fund in question; it was entered in a suit to which the administrator was not a party, and the…
2Cases cited6 opinions
- J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
- Kendrick v. WhitneySupreme Court of Virginia · 1877
- Crickard's ex'or v. Crickard's legateesSupreme Court of Virginia · 1874
- Myers v. NelsonSupreme Court of Virginia · 1875
- Beery v. IrickSupreme Court of Virginia · 1872
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3Cited by10 opinions
- Dorr's Adm'r v. RohrSupreme Court of Virginia · 1886
- Moore v. SmithSupreme Court of Virginia · 1941
- Gills v. GillsSupreme Court of Virginia · 1920
- Woodson's Ex'or v. LeyburnSupreme Court of Virginia · 1887
- Evans v. SpurginSupreme Court of Virginia · 1854
5 more not listed; retrieve them via the Exa API.