Legal Opinion

Belvin's Ex'ors v. French

Supreme Court of Virginia

Decided November 17, 1887PublishedCited by 17 opinions

Error to judgment of circuit court of city of Richmond, rendered April 14th, 1886, in an action of trespass on the case wherein Frank A. French was plaintiff, and Charles E. Belvin and Margaret A. Belvin, executor and executrix of John A. Belvin, deceased, were defendants. The latter demurred to the declaration. The demurrer was ovérruled.

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Error to judgment of circuit court of city of Richmond, rendered April 14th, 1886, in an action of trespass on the case wherein Frank A. French was plaintiff, and Charles E. Belvin and Margaret A. Belvin, executor and executrix of John A. Belvin, deceased, were defendants. The latter demurred to the declaration. The demurrer was ovérruled. At the trial there was a verdict for the plaintiff for $1,500 damages, and the court entered judgment accordingly, to be collected de bonis propriis.

1Opinion of the CourtRichardson, J.

The plaintiffs in error, who were the defendants below, are the executor and executrix, respectively, of John A. Belvin, deceased, who died testate, seized and possessed of valuable real estate in the city of Richmond, Virginia. By the fifth clause of the testator’s will he provided as follows: “ I devise to my executors, their heirs and assigns, all of my improved real estate, * * * upon trust, that they shall hold said real estate, keep it in good repair, pay the taxes and insurances thereon, and collect the rents therefrom.” Among other parcels of real estate of which the testator died…

2Cases cited4 opinions

  1. Swords v. . EdgarNew York Court of Appeals · 1874
  2. House v. MetcalfSupreme Court of Connecticut · 1858
  3. Owings v. JonesCourt of Appeals of Maryland · 1856
  4. Fitzhugh's Ex'or v. FitzhughSupreme Court of Virginia · 1854

3Cited by17 opinions

  1. Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
  2. OA PATTERSON v. Rosetta AndersonSupreme Court of Virginia · 1953
  3. Wahl v. SchmidtIllinois Supreme Court · 1923
  4. Yonce v. Miners Memorial Hospital Ass'nDistrict Court, W.D. Virginia · 1958
  5. Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918

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