Legal Opinion

Crouch v. Davis' ex'or

Supreme Court of Virginia

Decided January 29, 1873PublishedCited by 3 opinions

Hector Davis, a citizen of Richmond, died in February 1863. He left a will which bore date on the 21st of March 1859, and which was duly admitted to probate in the Circuit court of the city of Riclimond. By the first clause of his will’the testator gave to his nieces Jennie, Sallie andBettie Davis, the sum of fifteen thousand dollars, to be equally divided between them.

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Hector Davis, a citizen of Richmond, died in February 1863. He left a will which bore date on the 21st of March 1859, and which was duly admitted to probate in the Circuit court of the city of Riclimond. By the first clause of his will’the testator gave to his nieces Jennie, Sallie andBettie Davis, the sum of fifteen thousand dollars, to be equally divided between them. He then gave to his servant woman Ann, her freedom, to be removed out of the State with her four children; and after their removal, the sum of twenty thousand dollars; Ann to have the interest on one-fifth of the amount, and…

1Opinion of the Court

Staples, J.,

delivered the opinion of the court.'

It is insisted by the counsel for the appellants, that the legacies bequeathed to Jennie, Sallie and Bettie Davis, should have been treated as a satisfaction of the debts due them by the testator, as guardian. In support of this proposition, the learned counsel relies upon the rule in equity, that where a debtor bequeaths a legacy to his creditor, of equal or greater amount than the debt, and of the same character, and pay*93able after the debt becomes due, it is presumed that the legacy was intended to be in satisfaction of the debt. There is no…

2Cases cited1 opinion

  1. Elliott v. CarterSupreme Court of Virginia · 1853

3Cited by3 opinions

  1. Campbell v. Superior CourtCalifornia Court of Appeal · 2005
  2. Meliani v. Jade Dunn Loring Metro, LLCDistrict Court, E.D. Virginia · 2003
  3. Garraghty v. FrenchRichmond County Circuit Court · 2009

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