Crouch v. Davis' ex'or

Citations

• 23 Va. 62

Syllabus

<p>1. Though the rule that a legacy will be held as a satisfaction of a debt due from the testator to the legatee, still nominally exists, the tendency of the more recent decisions is to consider the bequest a bounty, and not the discharge of an obligation; and the courts now lay hold of any circumstances, however trifling, for the purpose of repelling the presumption that the legacy ■was intended as a satisfaction of the debt.</p> <p>2. D., an unmarried man, made his will in March 1859, and died in February 1S63. By the first clause of his will he gives to his three nieces 815,000, to be equally divided between them; and by a subsequent clause he gives to their brother $5,000. He was guardian of his nieces; and was indebted to them as guardian at the time he made his will. There was a legacy of $20,000 to Ann, a servant, and her children, whom he set free, which lie directed his executors to invest in State bonds and hold for their benefit; and whatever balance he might be worth lp gave to his sister O. and- her children. He owned a considerable estate, real and personal. Held : That under the circumstances of tins case, the legacy to the nieces was not in satisfaction of the debt due to them.</p> <p>3. The executor in 1864 filed his bill to have the direction of [the court in the administration of the estate; and under an order of the court authorizing him to invest the moneys in liis hands in Confederate or State bonds, he invested in Confederate bonds. These, and nearly the whole of liis testator’s personal estate, became worthless by the results of the war. And it turns out that he owed a considerable amount of debts.</p> <p>Held :</p> <p>1. The legacies, as well as the debts, are a charge upon the . real estate.</p> <p>2. The executor is not responsible, under the circumstances, for the failure to invest the $20,000 given to Aim and her children, in bonds of the State of Virginia.</p> <p>3. As it did not appear that the creditors were willing to receive the Co