Mosby's adm'r v. Mosby's adm'r
Supreme Court of Virginia
In 1837 Benjamin Mosby, Martha Nicholas and Judith M. Smith exhibited their bill in the Circuit court of Powhatan, against Thomas Miller, late sheriff of that county, and as such administrator de bonis non with the will annexed of Littleberry Mosby; charging that said Littleberry, father of the complainants, died in 1809, leaving a will which was recorded in Powhatan, of which a copy was exhibited with the bill, and whereby, among other things, he devised and bequeathed that…
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In 1837 Benjamin Mosby, Martha Nicholas and Judith M. Smith exhibited their bill in the Circuit court of Powhatan, against Thomas Miller, late sheriff of that county, and as such administrator de bonis non with the will annexed of Littleberry Mosby; charging that said Littleberry, father of the complainants, died in 1809, leaving a will which was recorded in Powhatan, of which a copy was exhibited with the bill, and whereby, among other things, he devised and bequeathed that his executors, whenever they should think best, should sell his land in Buckingham, (except 150 acres thereof,)…
1Opinion of the Court
Moncure, J.,
after stating the case, proceeded :
I will first consider the case of Mosby’s adm’r, &c. v. Mosby’s adm’r, which is the appeal from the decree of August 1841.
The main question in this as well as the other case, is as to the liability of Miller, as sheriff and committee administrator, for the rents of the Buckingham land received by his deputies, Thomas and Richard Watkins. Before that question is decided, it will be necessary or convenient to consider:
First. Whether the executors, before the death of one and the revocation of the authority of the other, *590were not authorized as such…
2Cases cited1 opinion
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
3Cited by19 opinions
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Bell's Admr. v. HumphreyWest Virginia Supreme Court · 1874
- Apperson v. BoltonSupreme Court of Arkansas · 1874
- Lafever v. BillmyerWest Virginia Supreme Court · 1871
- Machir v. FunkSupreme Court of Virginia · 1893
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