Sharpe's Ex'or v. Rockwood

Citations

• 78 Va. 24
• 1883 Va. LEXIS 5

Syllabus

<p>1. Personal Representatives—Statute of limitations.—Under Code of 1873, ch. 146, l 9, action on fiduciary’s bond is barred only after ten years from accruing of cause of action ; that is, from return day of execution against fiduciary, or from time of right to require payment or delivery from fiduciary. Leake’s Ex’or v. Leake, 75 Va. 801.</p> <p>2. Idem—Idem—Cases compared and distinguished.—There is no conflict between Lupton v. fanney, 13 Peters, 381, and Leake’s Ex'or v. Leake, supra.</p> <p>3. Practice in Chancery—Continuation of suit—Statute of limitations.— Where suit is brought and decided in 1858, but retained on docket till 1867, because there was no hand to receive the fund, when it is dismissed with leave to reinstate it on motion of any-person interested, and it is reinstated in 1878, and a supplementary suit is brought, the latter is deemed a continuation of the former, quoad questions arising . under the statute of limitations.</p> <p>4. Fiduciaries-—Investments in Confederate botids—Case at bar.-—In 1856, G qualified as executor of S, and received assets sufficient to pay all debts and legacies of testator, in gold or its equivalent; G paid out all but $12,000, which, under order of circuit court of Richmond entered July 10th, 1863, on his ex parte application, he invested in Confederate bonds.</p> <p>Held :</p> <p>Such investment did not discharge G from his liability to account to the unpaid legatees in good money for the principal and interest of the said sum so received by him in gold or its equivalent. Crickard v. Crickard, 25 Gratt. 410; Leake’s Ex’or v.- Leake, supra.</p> <p>5. ' Idem—Sureties—■Liability—Order and bond.—Where testator desired security only for protection of particular legacy by bond with penalty prescribed in will, but the order of court and the bond is in the usual form without noticing testator’s desire, the bond will protect anch the sureties are liable to the extent of the penalty for any failure of executor faithfully t