Mitchell's Adm'r v. Trotter
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Brunswick county, by Thomas R. Trotter and wife against Benjamin Wilkinson, administrator of Clement Mitchell deceased, the father of the female plaintiff, for a settlement of his administration account, and for a decree for the amount which might be ascertained to be due to the plaintiff. The accounts were referred to a commissioner, who reported thereon; and there was a single question of controversy between the parties.
Read the full summary
This was a suit in equity in the Circuit court of Brunswick county, by Thomas R. Trotter and wife against Benjamin Wilkinson, administrator of Clement Mitchell deceased, the father of the female plaintiff, for a settlement of his administration account, and for a decree for the amount which might be ascertained to be due to the plaintiff. The accounts were referred to a commissioner, who reported thereon; and there was a single question of controversy between the parties. The commissioner disallowed a credit for the sum of 263 dollars, paid by the administrator in 1834 on a judgment recovered…
1Opinion of the CourtAleen, J.
The Court is of opinion, that the evidence in the record does not establish such a degree of negligence on the part of the appellant, as to subject him to a personal responsibility for his failure to institute legal proceedings against Robinson EJzell for the debt he, as administrator, had been compelled to pay on account of his intestate having been surety for said Ezell; that on the contrarj’, the testimony shews that Ezell was unable to pay- the- debt, and that with a knowledge of the facts established by the evidence, the administrator was not required, in the prudent discharge of his…
2Cited by3 opinions
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Anderson v. PiercyWest Virginia Supreme Court · 1882
- Lovett v. Thomas' Adm'rSupreme Court of Virginia · 1885