Mosby's Ex'or v. Withers' Ex'ors

Citations

• 89 Va. 160
• 15 S.E. 657
• 1892 Va. LEXIS 84

Syllabus

<p>Descents and Distributions—Equalization—Case at Bar.—Testator gave his widow the interest on $5,000 for.life, and the residue to his three daughters, Mrs. K., Mrs. McK., and Mrs. M. IVidow bought his real estate, Mrs. M. and husband going security for the deferred payments ; and, by agreement, her $5,000 was invested -in the real estate> which was to be liable for those payments at.her decease. For default of payment fifteen years later the real estate was sold, and was bought by Mrs. M., who paid part, and gave bonds for the deferred payments. For similar default five years later the real estate was again sold, and the proceeds ordered to be- paid to Mrs-K. and Mrs. McK., to equalize them with Mrs. M., who had received her share of the estate. Before this was done the widow died, and the $5,000 fell in ; but it appeared that if this sum were divided, and paid from the proceeds of the last sale, the remainder would be inadequate .to pay the . amounts due Mrs. K. and Mrs. McK. fox-equalization, and that the whole of such proceeds would not pay Mrs. M.’s obligation for the sale to her.</p> <p>Held :</p> <p>The payments to Mrs. K. and Mrs. McK. should be first made from the fund arising from the last sale.</p>