Morrison v. Lavell

Citations

• 81 Va. 519
• 1886 Va. LEXIS 120

Syllabus

<p>1. Personal Representatives—Statute of limitations.—Action on fiduciary’s bond is barred only after ten years from accrual of cause of action—that is, from return day of execution against fiduciary, or from time of right to require payment or delivery from fiduciary. McCormick v. Wright, 79 Va. 524.</p> <p>2. Idem—Accounts—Decrees—Sureties.—Where the settled accounts of administrator show that assets ample to pay all intestate’s debts came into his hands it is not premature to deeree against his sureties without first taking accounts in the suit.</p> <p>3. Idem—Slaves—Refunding bonds—Devastavit.—Administrator committed devastavit by turning over intestate’s slaves and other personal property to the distributees without taking refunding bonds ; and the fact that the slaves, if retained, might have been lost by emancipation, constitutes no defence to him or his sureties.</p>