Clarke v. Buck
Supreme Court of Virginia
James U. Blair made his last will and testament in these words: “It is my will and desire, that all my just debts be paid—After that I wish that Miss Lucy Collins have 1000 dollars, provided my estate will admit of it. I also leave and bequeath to her one tea caddy, one bed and such clothes to the bed as she may think proper to take.
Read the full summary
James U. Blair made his last will and testament in these words: “It is my will and desire, that all my just debts be paid—After that I wish that Miss Lucy Collins have 1000 dollars, provided my estate will admit of it. I also leave and bequeath to her one tea caddy, one bed and such clothes to the bed as she may think proper to take. I also, in addition, leave her what bank stock I may die possessed of, also what turnpike stock in the same manner; one bible in the name of my sister Glassel—I also leave to Lucy, all the plate left in the house—I also leave one set of elegant china and tea…
1Opinion of the CourtCabell, J.
The court is of opinion, that, by the will of J. U. Blair, his real estate was charged with the payment of all his debts; Trent v. Trent's ex’x. &c. Gilm. 174. And as it would be against equity, that those who have the choice of two funds, should defeat the just claims of others, by selecting that which is the only fund accessible to others, the appellant, Mrs. Clarke, (formerly Lucy Collins) ought, on the principle of marshaling the assets, to be let in to have satisfaction out of the real estate of the testator, for her general and specific legacies, so far as the same have been broken in…
2Cited by6 opinions
- Black v. ScottU.S. Circuit Court for the District of Virginia · 1828
- Byrd v. ByrdU.S. Circuit Court for the District of Virginia · 1824
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
1 more not listed; retrieve them via the Exa API.