Collins v. Lofftus & Co.
Supreme Court of Virginia
Moses Hughes senior, late of Nelson county, died in the year 1824, having first made and published his last will and testament, in which (inter alia) he devised and bequeathed as follows : “ I give, devise and bequeath to my two sons- Moses and James Hughes, in trust for the use and support of my daughter Polly Collins (the wife of Samuel Collins) and her children, during the natural life of my said daughter Polly, but not to be subject to the debts or the control of the…
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Moses Hughes senior, late of Nelson county, died in the year 1824, having first made and published his last will and testament, in which (inter alia) he devised and bequeathed as follows : “ I give, devise and bequeath to my two sons- Moses and James Hughes, in trust for the use and support of my daughter Polly Collins (the wife of Samuel Collins) and her children, during the natural life of my said daughter Polly, but not to be subject to the debts or the control of the said Samuel Collins, the following property, to wit, the tract of land on which the said Samuel Collins now lives,…
1Opinion of the Court
Tucker, P.
I am far from thinking that the injunction in this case was improvidently awarded by a judge of this court. The property of the feme covert settled upon her by her father’s will had been decreed to be sold to satisfy her husband’s debts, in a cause to which she was not a party, her trustees alone being the defendants. In the estimate of a court of equity, they were unsubstantial shadows. That court could not pronounce *10upon the rights of the parties really interested, without having them before it. At law, indeed, the trustee is the proper party defendant; but in equity no decree can…
2Cases cited1 opinion
- Malin v. MalinNew York Court of Chancery · 1816
3Cited by5 opinions
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- Lebeck v. Fort Payne BankSupreme Court of Alabama · 1896
- Evans v. SpurginSupreme Court of Virginia · 1854
- Webster v. KautzColorado Court of Appeals · 1912
- Webster v. KautzColorado Court of Appeals · 1912