Bush v. Beale
Supreme Court of Virginia
Bush, as relator, brought his action of debt in tho name of the justices of Botetourt county, against Charles Beale, on the official bond of the latter, as executor of Christian Charles Bong, deceased.
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Bush, as relator, brought his action of debt in tho name of the justices of Botetourt county, against Charles Beale, on the official bond of the latter, as executor of Christian Charles Bong, deceased. The declaration, after setting forth the obligation and the condition thereof, which is in the form prescribed by law, and after alleging that the defendant had not kept the condition of the bond, but had broken the same, and that he did not well and truly administer the goods, chattels and credits according to law, nor pay the legacies contained in the will, as far as the goods, chattels and…
1Opinion of the CourtStanard, J.
The court below having sustained a general demurrer to the declaration, the question is, does the declaration shew a good cause of action ?
The suit is on an executor’s bond, and the declaration, after setting out the bond and condition, alleges, generally, that the condition had not been performed, and that the defendant did not duly administer the goods, chattels and credits of the estate according to law; and, especially, that the relator had prosecuted a suit in equity against the defendant, in the course of which, an account of the assets of his testator in the hands of the defendant the…
2Cited by1 opinion
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