Daniel's Ex'or v. Wharton
Supreme Court of Virginia
Appeal from decree of circuit court of Fauquier county, rendered January 11, 1890, in the creditor’s suit, wherein Kobert A. Banks for, &c., was complainant, and J. J. Halsey and William J. Wharton, surviving executors of William Wharton, deceased, and others were defendants.
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Appeal from decree of circuit court of Fauquier county, rendered January 11, 1890, in the creditor’s suit, wherein Kobert A. Banks for, &c., was complainant, and J. J. Halsey and William J. Wharton, surviving executors of William Wharton, deceased, and others were defendants. By the decree Commissioner G. D. Gray was required and ordered to pay to J. S. Wharton, trustee, or his attorneys, the sum of $500, reported by said commissioner to be in his hands, in his report of November 4, 1882, and T. S. Alcocke, executor of S. A. Daniel, deceased, to pay de bonis testatoris to said Wharton,…
1Opinion of the CourtHintoN, J.
The bill in this cause was filed in the year 1872, against the executors and devisees of "William Wharton, who died in 1858.
Thus it appears that the usual acóounts were directed some fourteen years after the death of the said William Wharton. In August, 1875, there was reported the debt which is the cause of the present controversy, it appearing for the first time in the third account which had been taken.
The evidence of the debt is a bond for $200, executed in December, 1850, to William S. Daniel by M. Wharton and William Wharton.
This bond appears on its face to be the joint bond of the…
2Cases cited1 opinion
- Rowley v. StoddardNew York Supreme Court · 1810
3Cited by6 opinions
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- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876
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