Legal Opinion

Catlett v. Carter's Executors

Supreme Court of Virginia

Decided March 8, 1811Published

The appellants (for the benefit of John D. Watkins, administrator de bonis non of John Watkins, deceased) brought an action of debt in the district court of Williams-burg, against Charles Carter and William D. Claiborne, surviving obligors in an administration bond given by Judith Browne, with the said Carter and Claiborne '"her securities, upon her administering on the estate of William B. Browne, deceased.

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The appellants (for the benefit of John D. Watkins, administrator de bonis non of John Watkins, deceased) brought an action of debt in the district court of Williams-burg, against Charles Carter and William D. Claiborne, surviving obligors in an administration bond given by Judith Browne, with the said Carter and Claiborne '"her securities, upon her administering on the estate of William B. Browne, deceased. The declaration set forth the bond at large, and averred that Judith Browne had broken the conditions thereof in this, that she “did not, nor hath, well and truly administered, &c. but…

1Opinion of the Court

*Wednesday, March 27th.

The Judges, BROOKE, TUCKER, and FLEMING, (ROANE not sitting in the cause,) pronounced their opinions. JUDGE BROOKE.

Though I do not entirely subscribe to the opinion of the district court, delivered in its instruction to the jury in this case; j'et, confining that opinion to the subject matter to which it related, I think it was correct enough. The order obtained in King William court, upon the motion of the plaintiff against the sheriff of that court, to whom administration of the estate of Judith Browne had been committed, and the return of the sheriff thereon, “that…

2Cases cited1 opinion

  1. Call v. RuffinCourt of Appeals of Virginia · 1798

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