Dromgoole v. Smith

Citations

• 78 Va. 665
• 1884 Va. LEXIS 38

Syllabus

<p>•i. Executors and Administrators-Confederate currency- When scaled. Confederate currency received by administrator during the late war should not be scaled as of the date of receipt, but until the end of the year should be allowed him to invest same.</p> <p>2. Idem-Trustee-Settlement.-Where trustee settles his accounts with c. q. t. in 1862, and after her death becomes her administrator and settled his accounts in 1863, showing balance against him in both capacities, after suit is brought against him in 1876 for that balance, he cannot set up that a bond not mentioned in those accounts had in life time of c. q. t. been assigned by him to her, which would have extinguished that balance.</p> <p>3. Idem-Scalingin 1864.-It is a matter of history, whereof judicial cognizance is taken, that all Confederate currency was in 1864 called in and scaled at two-thirds of its value, and administrator should be allowed credit accordingly.</p> <p>4. Idem-War interest-Alien enemies.&emdash;Where administrator during the late war held money payable to distributees living within the U. S. lines, he should not be charged with interest thereon during that period.</p> <p>5. Idem-Confederate currency on hand.&emdash;Where administrator claims credit for Confederate currency which belonged to the decedent’s estate and perished on his hand, the onus rests on him to prove that he could not have invested it.</p> <p>6. Idem-Expenses and compensations.-Administrators are entitled to allowance for reasonable expenses and compensation, and where record does not shown such allowance, it cannot be presumed to have been made.</p>