Martin's Adm'r v. Fielder

Citations

• 82 Va. 455
• 4 S.E. 602
• 1886 Va. LEXIS 58

Syllabus

<p>1. Appellate Court—Jurisdiction—Administrator— Wards.—Where amount decreed against administrator is within the jurisdictional limit, this court has jurisdiction of his appeal, though the amount decreed to each ward or distributee falls below that limit; the aggregate being the amount in controversy. Atkinson v. McCormick, 76 Va. 791.</p> <p>2. Fiduciaries—Guardian de facto.—Administrator purchasing the adult heirs’ shares of their ancestor’s land, and entering upon and receiving the rents and profits of the whole, will in equity be held accountable as guardian de facto of the infant heirs during their non-age, and as their agent afterwards, for their share of those rents and profits. Peale v. Thurmond, 77 Va. 753.</p> <p>3. Chancery Practice—Circuity of action.—In such case, decree for the infants against their de facto guardian’s administrator for whole amount due them for rents and profits is not error, though, after guardian’s decease, his real estate, including the infants’, had been partitioned among his heirs, and one particular heir had held the infants’ part, as his co-heirs would have had to contribute to his compensation, and such decree avoided circuity of action.</p>