Reherd v. Long

Citations

• 77 Va. 839
• 1883 Va. LEXIS 118

Syllabus

<p>Wills-Executors-Sureties-Liabilities-Case at bar.-L. made his will in 1852. He devised 104 acres to his son S., at $3,600, whereof $1,500 was advancement, balance payable in twelve annual payments ; and 103 acres to his son B., at $3,800, whereof $1,500 was advancement, balance payable in thirteen annual payments. Soon after he put devisees in possession. In 1855, S., with consent of L., conveyed his 104 acres to B., who paid him for same. L. had previously conveyed land to his son J., of the price whereof $1,500 was advancement, and held J.’s bonds for balance. By will L. directed that his wife have $100 a year out of the money payable by his three sons on said lands. Testator also directed that after advancements of $1,500 to each of his five children, and allowance to his wife, remainder, including back payments on land devised and deeded, and proceeds of personalty remaining, to be equally divided between his five children. Testator further directed that, if S. and B., or either, be unwilling to take said lands on said terms, then his .executor should sell same. L. died in 1862. S., who had been appointed executor, qualified as such, giving bond with D. and G. as sureties. The bond had been destroyed. S. proceeded to collect and disburse estate, including back payments from B. and J. In 1869, A., husband of a daughter of L., brought suit to construe will and settle estate. All the heirs and the sureties were parties. Decree was rendered construing will, and directing executor to retain $1,666.66 during widow’s lifetime, in order to raise her annuity, and ratifying executor’s receiving payments on the land. Widow died in 1877. Then executor brought suit against B. and his vendee, R., for $1,155, balance of back payments, claiming that sum as due on the 103 acres, nothing on the other tract. Commissioner reported balance due as $888, for which a decree was entered against R., who paid the money, and against executor and his sureties for $1,034, balance of the $