Moorman v. Crockett

Citations

• 90 Va. 185
• 17 S.E. 875
• 1893 Va. LEXIS 33

Syllabus

<p>1. Consolidation of Suits. — Two suits against same person, one against him as trustee, the other as executor, for claims payable out of same fund, involving the settlement of same transaction, distribution of same estate, the complainants to be affected pro tanto by the result of a suit for dower out of same estate; held, properly heard together.</p> <p>2. General Legacies — Interest.—A general legacy payable in no special manner, where the will is silent as to time of payment and as to when interest is to begin to run, is not payable until one year after the executor’s qualification, and does not bear interest until payable. Code, l 2706.</p> <p>3. Wills — Construction—Advancements.—Under a will dividing testator’s property equally between a son and a daughter, and directing that he, in a settlement with his sister, shall charge himself with a certain bond given him by testator in his lifetime; held, such bond will be treated as an advancement to the son, and not as a gift of the entire amount to the daughter.</p> <p>4. Executor — Commissions.—Where executor settles his accounts by mistake not before the commissioner of the proper court, where the whole matter is gone into in subsequent proceedings; held, no error to allow him compensation, though the accounts are not settled in time.</p> <p>5. Trustee — Removal.—A trustee, though insolvent and in arrears for a small amount when suit is brought, which arrears are subsequently paid, and where the beneficiary is entitled to the interest only during her life, and the investment is good and the sureties are solvent, will not be removed.</p>