Shelton v. Jones' adm'x

Citations

• 26 Va. 891
• 26 Gratt. 891

Syllabus

<p>D dies in 1845, and by bis will gives real and personal estate to his daughter, S, for her life, and then to her children; and he directs that his executor shall act as trustee for S and her children, and he op-points W his executor; who qualifies. In 1851 the County court of P, in which the will was admitted to probate, made an order, that W, trustee of S and her children, being in court and assenting to the same, and S by her letter to the court desiring the same, the court doth appoint B trustee for the said S and her children, in the place of W; and thereupon B, with J as his surety, entered into and acknowledged their bond in, &c. In 1871 B and J having died, S files a bill against the administratrix of B and of J, to have a settlement of the trust and payment. Held :</p> <p>I. The County court of P being a court of general jurisdiction, the validity of its order cannot be questioned in any collateral proceeding.</p> <p>2. The order having been made with the assent of W in court, and upon the written request of S, the order and the bond are valid and binding upon B and his surety J, though the order was not based upon either bill or petition.</p> <p>3. If the children, not having been parties to the proceeding, might have had it set aside, they having acquiesced in it for so-long a period, the parties to the bond cannot avoid it on that ground.</p>