Gregory v. Gates

Citations

• 81 Va. 262
• 1885 Va. LEXIS 29

Syllabus

<p>Equitable Jurisdiction and Belief— Case at bar.—Testator, by his will, directed his estate to be kept together and managed by his executors for the common good of his wife and children; but authorized them to sell any part, except “ Seguine,” the homestead, if they deem it best. One-third of “Seguine,” belonged to his three children, by his first wife, which they claimed, and it was allowed them, after testator’s death. Dower was assigned his widow out of “ Seguine.” The residue of “ Seguine ” was cultivated by the three children. Afterwards “Seguine” was sold under decree of court, and purchased by the three, who, later, filed their petition for one-third of the rents and profits from testator’s death to the date of their purchase, to be applied as a credit on their purchase. A master having been directed to take an account, took much evidence, and, after great delay, filed a report adverse to their claims. Exceptions were filed to it, and their counsel was heard at large. But the court confirmed the report, dismissed the petition, and ordered a resale of the land, unless, in sixty days, they paid the balance due the widow and her two children. On appeal—</p> <p>Held :</p> <p>There is no cause to reverse the decree complained of.</p>