Morrison's Ex'ors v. Grubb

Citations

• 23 Va. 342

Syllabus

<p>1. W. executor of M. files a bill against G. in which he says that his testator in his lifetime owned a number of bonds or notes amounting to about $4,000, which were drawn payable to him, and were in his possession a few days before his death. That after his death they were in the possession or under the control of said G., and were not assigned to him; and that G. gave no consideration for them. The averments do not make a case against G., and do not entitle the plaintiff to any discovery or relief against him.</p> <p>2. The bill further alleges that the bonds, &c., were the property of M. at his death, and became assets of said estate which should come to plaintiffs’ hands: that he is entitled to know what bonds of said M. said G. holds, and to recover them for the said M.’s estate. And he calls for a full answer. G. answers and denies that he had in his possession or under his control, at the time of M. ’s death, or at any time since, any bonds which were at his death his property, or to which plaintiff as his executor or otherwise had any right, title or interest. These averments of the bill are facts, and necessary to sustain it, and being positively denied by the answer, must be proved.</p> <p>3. The defendant, having denied the allegations of the bill,' proceeds to state that the bonds were the property of M. and were given to him by M., and when and how it was done. The whole statement must be taken together as his answer.</p>