Rice v. Hartman

Citations

• 84 Va. 251
• 4 S.E. 621
• 1888 Va. LEXIS 74

Syllabus

<p>1. Practice in Chancery—Creditors’ bill.—A bill to which, the administrator, widow, and heirs are made defendants, and the prayer of which is that the amount of the complainant’s debt be ascertained by a master commissioner; that an account of the assets, real and personal, and of the debts, of the estate, be taken; and for general relief, is a creditors’ bill, though it does not profess to be filed in behalf of all the creditors of the decedent.</p> <p>2. Wills—Coyitract for legacy—Suit to enforce.—Where one in his lifetime, for a valuable consideration, promised to make a provision by his will for another, and dies without making it, the promisee is entitled to enforce the contract by a suit against the promisor’s estate.</p> <p>3. Idem— Case at bar.—-Here it appears that promisor had in his lifetime supported promisee’s family for about eight years, and left him a small property by his will, and so fulfilled his promise:</p> <p>Held:</p> <p>Plaintiff cannot, under the circumstances, maintain his suit for further compensation.</p>