Scott's Ex'x v. Ashlin

Citations

• 86 Va. 581
• 10 S.E. 751
• 1890 Va. LEXIS 15

Syllabus

<p>1. Decedent’s realty—Application to debts—Heirs.—There can be no resort to decedent’s real estate to pay his debts until his personalty has been exhausted. When that has been exhausted, whether by devastavit or distribution, the real estate in the hands of his heirs may be subjected. Code 1873,'ch. 127, sec. 3.</p> <p>2. Idem—Creditors—Laches—Case at bar.—The evidence in the case here discloses no laches on the part of the decedent’s creditors to have their claims paid, and they are not barred of their statutory right to have his realty subjected to their payment.</p> <p>3. Dower— Commutation—Re-estimate.—Where in suit to which the creditors and the heirs were parties, widow agreed to sell her dower at a price approved by a decree of the court, a re-sale and re-estimate will not be decreed on the ground that the allowance was excessive, especially when the creditors do not complain.</p>