Frazer's adm'r v. Bevill
Supreme Court of Virginia
Frederick Reese of the county of Dinwiddie, died in 1829. By his will which was duly admitted to prohat, after a legacy of two hundred and fifty dollars to Amy Featherston, he gave to his son Herbert Reese all his land, and one-half of the balance of his estate: But if he should die without heirs, then at his death the land, with all the other property, should go to his grand son Frederick A. Frazer and his heirs.
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Frederick Reese of the county of Dinwiddie, died in 1829. By his will which was duly admitted to prohat, after a legacy of two hundred and fifty dollars to Amy Featherston, he gave to his son Herbert Reese all his land, and one-half of the balance of his estate: But if he should die without heirs, then at his death the land, with all the other property, should go to his grand son Frederick A. Frazer and his heirs. The testator gave to his daughter Martha Frazer the remaining half of his personal estate. Herbert Beese and Martha Frazer qualified as administrator and administratrix, with the…
1Opinion of the CourtDaniel, J.
I do not think that the exception to the deposition of Martha T. Frazer was well taken. The fact that she was one of the administrators of her father’s estate did not, of itself, render her incompetent to testify to the assent of herself and of her coadministrator to the legacy in respect to a portion of which the suit was brought.
In the case of Smith & wife v. Townes’ adm’r, 4 Munf. 191, which was an action of detinue brought by a legatee against a stranger, for the purpose of recovering a slave bequeathed to the legatee, this court held that it was competent for the plaintiff to prove by…
2Cases cited1 opinion
- Smith v. Townes's AdministratorSupreme Court of Virginia · 1814
3Cited by7 opinions
- Bartlett v. PattonWest Virginia Supreme Court · 1889
- Austin v. JohnsonCourt of Appeals for the Fifth Circuit · 2003
- Houser v. RuffnerWest Virginia Supreme Court · 1881
- Chosar Corp. v. OwensSupreme Court of Virginia · 1988
- Parker v. MerlinoCourt of Appeals for the Third Circuit · 1981
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