Bailey's adm'x v. Robinsons
Supreme Court of Virginia
Dixon Robinson of the comity of Fauquier, died in 1816, having first made his will, by which he gave his whole estate to' his wife for life, or until she married ; and then, (after a specific legacy of a slave to each of his eleven children,) he directs that after the death or marriage of his wife, the whole of the property devised to her, be sold (the land on a credit of twelve months) to the highest bidder; and the money to be equally divided among his children then…
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Dixon Robinson of the comity of Fauquier, died in 1816, having first made his will, by which he gave his whole estate to' his wife for life, or until she married ; and then, (after a specific legacy of a slave to each of his eleven children,) he directs that after the death or marriage of his wife, the whole of the property devised to her, be sold (the land on a credit of twelve months) to the highest bidder; and the money to be equally divided among his children then living: and he appointed Carr Bailey and Samuel Weaver his executors ; who qualified as such, in the county court of Fauquier.…
1Opinion of the CourtBallwin, J.
The court is of opinion, that the purchase by the executor Bailey of the land in the proceedings mentioned, at the sale thereof ma.de by him and his coexecutor, was in itself a violation of his duty as trustee ; and an invasion of the rights of his cestuis que trust; who are entitled to redress in a court of equity. According to the general rule in such cases, though the sale may have been irregularly and fraudulently conducted, and the property sold for less than its value, the proper mode of relief is not to subject the trustee to payment of the actual value of the land, at the time of the…
2Cited by14 opinions
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Smith v. MillerSupreme Court of Virginia · 1900
- Christian & Gunn v. WorshamSupreme Court of Virginia · 1883
- Swineford v. Virginia Trust Co.Supreme Court of Virginia · 1930
- Davies v. HughesSupreme Court of Virginia · 1890
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