Smith v. Smith's

Citations

• 92 Va. 696
• 24 S.E. 280
• 1896 Va. LEXIS 32

Syllabus

<p>1. Chancery Practice&emdash;Bill of Discovery&emdash;Discovery of Assets of a Decedent’s Estate&emdash;Parties&emdash;Adequate Remedy at Law.&emdash;A bill of discovery is the proper remedy to be pursued by the administrator of an estate against a defendant who has in his possession choses in action and other personal estate of the decedent-, the amounts, dates, and character of which are unknown to the complainant, and which the defendant refuses to disclose; and in such suit the distributees of the decedent are neither necessary nor proper parties. There is no adequate remedy at law.</p> <p>2. Chancery Practice&emdash;Bill of Discovery&emdash;Complete Relief&emdash;Effect of Answer.&emdash;Upon a bill for discovery, the court, being in possession of the cause, may retain it and make an end of it. The answer to such bill, as to matters discovered by it in response to the prayer of the bill, is conclusive on the complainant, but as to the other matters responsive to the bill is only entitled to the same weight as evidence as if the bill had been for relief as well as discovery, that is, it can only be overcome by the evidence of two witnesses, or one witness and corroborating circumstances, or by circumstances alone equal to one witness and corroborating circumstances, or by documentary evidence alone.</p> <p>3. Girts Mortis Causa&emdash;Evidence to Support.&emdash;In cases of alleged gifts mortis causa the evidence should be carefully scrutinized, the proof clear and convincing, and the judgment of the court fully satisfied. In the case at bar the alleged gift is not thus supported.</p>