Lewis's v. Bacon's Legatee & Executors
Supreme Court of Virginia
An appeal, taken by one of the defendants from a decree of the Superior Court of Chancery for the Richmond District, pronounced by the late Judge of that Court.
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An appeal, taken by one of the defendants from a decree of the Superior Court of Chancery for the Richmond District, pronounced by the late Judge of that Court. The appellees filed their bill in March, 1792, against the appellant and others, executors of Fielding Lewis, deceased, stating, that their testator, Anthony Bacon, of London, departed this life some time in the year 1786, haying previously by his will, dated the 14th of June, 1785, devised a debt of 2,3381. 6s. 5d. sterling, due him, by account thereto annexed, from the said Fielding Lewis, of Fredericksburg, in Virginia, on the 31st…
1Opinion of the Court
[JUDGE TUCKER.
If the answer was considered evasive or defective, why did you not except?]
Botts. It would certainly have been most regular to except; but still the plaintiff may draw his inferences from the defects of the answer. In matters of account, too, it is not usual to insist on a very minute answer, where the cause may be regularly referred to a commissioner.
The apology of the executor, that the books of his testator had been burnt, ought not to protect him. He had once seen the account entered on those books; and when called on by the commissioners, he ought to have stated his best…
2Cases cited1 opinion
- Blincoe v. BerkeleyCourt of Appeals of Virginia · 1798