Boyd's Adm'r v. Townes' Adm'r

Citations

• 79 Va. 118
• 1884 Va. LEXIS 67

Syllabus

<p>1. Personal Representatives—Payments in C S. currency—Compound interest—Case at bar.—Where in 1850 testator directed estate to be kept to support widow and children, each child’s part to be paid on coming of age, a son came of age in 1863, and settled with executor, and no undue influence or confidential relation existing, voluntarily received his part in Confederate currency, and died soon after intestate; and executor settled his accounts in 1866 and died in 1879; and in 1880, the son’s distributees filed bill to surcharge and falsify the accounts, scale the payments and charge executor with compound interest on certain bonds of the estate:</p> <p>Held :</p> <p>1. The payments were valid and not scalable.</p> <p>2. The executor not being entitled to collect, is not chargeable with compound interest on the bonds.</p> <p>2. Idem—Distributees—Equitable setoffs—Witness.—Where executor as surety for a distributee paid a judgment against the latter, the former is entitled to setoff in equity the amount so paid, against the distributive share of distributee, and the latter is not a competent witness to testify concerning the judgment, the executor being dead.</p>