Bain & Bro. v. Buff's Adm'r
Supreme Court of Virginia
Appeal from decree of hustings court of Portsmouth in suit of Bain & Brother against John H. Gayle, administrator with the will annexed of H. Buff, deceased, and as trustee under said will for Amelia N. Cutherell and her son, Henry, daughter and grandson, and Barbara Buff, widow of testator.
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Appeal from decree of hustings court of Portsmouth in suit of Bain & Brother against John H. Gayle, administrator with the will annexed of H. Buff, deceased, and as trustee under said will for Amelia N. Cutherell and her son, Henry, daughter and grandson, and Barbara Buff, widow of testator. Amelia was the wife of Samuel Cutherell, who died in 1875. Testator’s will contained this provision: “After settling my estate and assigning my wife’s dower, to invest all money in safe six per cent, interest-bearing stocks making semi-annual payments,;/in trust for the separate maintenance of my daughter…
1Opinion of the CourtBurks, J.
This is an appeal from a decree of the hustings court of the city of Portsmouth, dismissing the bill of the appellants (Bain & Brother), brought by them to subject the separate personal estate of Mrs. Amelia Cutherell (a married woman) to the payment of two drafts or orders drawn by her on her trustee, John H. Gayle, endorsed by her to the appellants, and accepted by the trustee.
A consideration of the several grounds taken by the appellees’ counsel in support of the decree will be the most convenient mode of testing its correctness.
1. The estate of Mrs. Cutherell is derived under the will of…
2Cases cited7 opinions
- Penn v. WhiteheadSupreme Court of Virginia · 1867
- Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874
- Darnall v. Smith's adm'rSupreme Court of Virginia · 1875
- Garland v. PamplinSupreme Court of Virginia · 1879
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
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3Cited by20 opinions
- Beecher v. Wilson, Burns & Co.Supreme Court of Virginia · 1888
- Seibel v. RappSupreme Court of Virginia · 1888
- Honaker Sons v. DuffSupreme Court of Virginia · 1903
- Mauzy v. MauzySupreme Court of Virginia · 1884
- Stace v. BumgardnerSupreme Court of Virginia · 1892
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