Elliott v. Carter
Supreme Court of Virginia
John Crawford of the county of Amherst, died in April 1818. By his will he in the first place says, “ I will and direct that all my debts of every description be paid by my executors; and for this purpose I charge all my estate, real and personal.”
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John Crawford of the county of Amherst, died in April 1818. By his will he in the first place says, “ I will and direct that all my debts of every description be paid by my executors; and for this purpose I charge all my estate, real and personal.” He then gives to Elizabeth Carter, wife of John Carter, and her son John Elliott, one equal half of his slaves, to be equally divided between them at the testator’s death; John part to be hired out bv the executors until he attained the age of twenty-one years. He directs his dands, stock of all kinds, still and household furniture of every…
1Opinion of the CourtLee, J.
It appeared from the report of the commisssioner made in the progress of this cause, that the assets of the estate of John Crawford deceased, other than the property specifically devised and bequeathed by the will of the decedent, were insufficient for the payment of the debts due from the estate, by the sum of 5502 dollars 84 cents; and the question arose how this deficiency was to be supplied. The chancellor was of opinion, and by the decree of the 5th of February 1834, in effect held, that it should be charged equally and ratably upon the land, the slaves and other property disposed of by…
2Cited by31 opinions
- Cranmer v. McSwordsWest Virginia Supreme Court · 1884
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
- Todd v. McFallSupreme Court of Virginia · 1899
- County of Mecklenburg v. BealesSupreme Court of Virginia · 1911
- Edmunds' Adm'r v. ScottSupreme Court of Virginia · 1884
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