Loving & Wife v. Ashlin's Adm'r

Citations

• 76 Va. 907
• 1882 Va. LEXIS 92

Syllabus

<p>Chancery Practice—Cross-bill—Breach of trust—Case here.—Creditor’s bill to subject real estate of J, deceased, is taken for confessed as against his representatives. J had been one of the executors of A, who had bequeathed to J’s wife for life, remainder to her child or children, a slave and her increase. This slave, in 1860, came into the possession of J, as such executor, and as husband of the life-owner, and was then sold by J, who never accounted for the proceeds. J and his wife died, leaving one child, M, who married L. Account of debts having been ordered, L and wife set up their claims for the proceeds of the sale of the slave. This claim the master rejected. L and wife, by leave of court, then filed their cross-bill, which was demurred to by the administrator of J, and dismissed by the court below.</p> <p>Held :</p> <p>1. The claim of L and wife was a charge upon J’s estate; and the defendant in the cross-bill should have been required to answer, and the claim should have been adjudicated.</p> <p>2. J committed a breach of trust. The c. q. t. is entitled to affirm the sale and resort to the proceeds. See Brown v. Lambert, 33 Gratt.</p>