Legal Opinion

Granbery's v. Granberry

Court of Appeals of Virginia

Decided October 15, 1793PublishedCited by 13 opinions

The appellees filed their bill in the High Court of Chancery against the appellant, the executor of their father and their guardian, for an account.

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The appellees filed their bill in the High Court of Chancery against the appellant, the executor of their father and their guardian, for an account. To the report of auditors made in the cause, the appellant took the four following exceptions : 1st. That his receipts of money in depreciated paper are reduced by the scale or depreciation, on the day they were received, without any proof that he received it unnecessarily, or delayed paying it away to those who were entitled to it. 2d. Interest is allowed on moneys in his hands, as if he were a debtor, or had retained the same - improperly, and…

1Opinion of the Court

The President

delivered the opinion of the Court.

The first objection made to the report is, that the paper money is reduced by the scale of depreciation, on the day it was received by the executor. Upon general principles, such a rule would certainly be improper and unjust; and especially too, when the money was received in a state of rapid depreciation.

The executor may not be able to find a creditor, or legatee, to whom he could pay the money, on the day it was received, or the payment might be suspended, in some cases, by disputes amongst creditors for the preference.

*320But, in this case, the…

2Cited by13 opinions

  1. Virginia Trust Co. v. EvansSupreme Court of Virginia · 1952
  2. Cannon v. SearlesCourt of Appeals of Virginia · 1928
  3. Denny v. SearlesCourt of Appeals of Virginia · 1928
  4. Perrow v. PayneSupreme Court of Virginia · 1961
  5. In re the Estate of WalkerOrphan's Court of Delaware · 1923

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