Legal Opinion

Armstrong's Heirs v. Walkup

Supreme Court of Virginia

Decided July 15, 1852PublishedCited by 3 opinions

This was a suit in the Circuit court of Greenbrier, instituted by Josiah-J. Walkup and Ann Eliza his wife, Sarah Jane Elliott and Elizabeth M. Ellio.tt, the last being an infant suing by her guardian and next friend J. J. Walkup, against the administrators with the will annexed and heirs of John Armstrong, who had been the guardian of the female plaintiffs, for the settlement of his guardian accounts. ’ The-accounts were referred to a commissioner, who in 1850 made a report,…

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This was a suit in the Circuit court of Greenbrier, instituted by Josiah-J. Walkup and Ann Eliza his wife, Sarah Jane Elliott and Elizabeth M. Ellio.tt, the last being an infant suing by her guardian and next friend J. J. Walkup, against the administrators with the will annexed and heirs of John Armstrong, who had been the guardian of the female plaintiffs, for the settlement of his guardian accounts. ’ The-accounts were referred to a commissioner, who in 1850 made a report, bringing down the account to that time, and presenting alternate statements. And there was also an account of the…

1Opinion of the CourtSamuels, J.

This cause stands upon exceptions to reports of the account between John Armstrong and the female complainants, late his wards, and of the account between Andrew Beard and Joseph Beard, administrators with the will annexed of John Armstrong, deceased, and the estate of the decedent.

The guardianship accounts are stated in alternative forms, exhibiting different results, from a difference in the charges entering into those accounts: One is marked “first statement;” the other “second statement.”

The first exception by defendants to the report marked “first statement,” is because credit on the…

2Cases cited1 opinion

  1. Holland v. TrotterSupreme Court of Virginia · 1872

3Cited by3 opinions

  1. Hurst's Adm'r v. HiteWest Virginia Supreme Court · 1882
  2. Evans v. SpurginSupreme Court of Virginia · 1854
  3. Hauser v. KingSupreme Court of Virginia · 1882

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