Jones' Ex'ors v. Clark
Supreme Court of Virginia
*This was an appeal by the executors of Richard Jones, deceased, from the decree of the Circuit court of Pittsyl-vania, rendered on the 7th of June, 1871, in a cause in which William T. Clark and John W. Holland were plaintiffs, and .said executors and others were defendants.
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*This was an appeal by the executors of Richard Jones, deceased, from the decree of the Circuit court of Pittsyl-vania, rendered on the 7th of June, 1871, in a cause in which William T. Clark and John W. Holland were plaintiffs, and .said executors and others were defendants. Clark and Holland were the sureties of Edmund Fitzgerald, as the executor of William Fitzgerald, deceased; and suit having been brought by the legatees against Edmund Fitzgerald and his sureties for the settlement of his accounts, and that suit having progressed so far as to show that he had wasted the estate to a large…
1Opinion of the Court
MONCURE, P.
delivered the opinion of the court.
The main, if not the only substantial question involved in this case is, as to the •liability of persons on the ground of having participated in a devastavit committed by an executor, in selling a portion of the assets *of his testator and converting the proceeds of sale to his own use.
There can be no doubt but that an executor is invested with the legal title to the assets of his testator which come to his hands for administration, whether they arise from personal estate, or from real estáte directed by the will to be sold for the payment of…
2Cases cited3 opinions
- Garnett v. MaconU.S. Circuit Court for the District of Eastern Virginia · 1825
- Davis v. ChristianSupreme Court of Virginia · 1859
- Hunter v. Lawrence's adm'rSupreme Court of Virginia · 1854
3Cited by14 opinions
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Cook v. DorseyWest Virginia Supreme Court · 1893
- Almond v. WilsonSupreme Court of Virginia · 1881
- Dillard v. CollinsSupreme Court of Virginia · 1874
- Redford v. ClarkeSupreme Court of Virginia · 1902
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