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· 7/26/1888

Staples' Ex'ors v. Staples

Citations

  • 85 Va. 76
  • 7 S.E. 199
  • 1888 Va. LEXIS 13

Syllabus

<p>1. Personal Representatives&emdash;Heirs&emdash;Judgments.&emdash;Only judgments rendered since February 19th, 1884, against personal representatives, areprima Jade evidence against decedent’s heirs and devisees. Code-1887, § 2668. Brewis v. Lawson, 76 Va. 36.</p> <p>2. Idem&emdash;Creditor's bill&emdash;Rehearing&emdash;Statutory bar.&emdash;No statutory bar exists to rehearing of interlocutory decrees. Answer of personal representatives to creditor’s petition asserting judgment, may be treated as-petition for rehearing. Kendrick v. Whitney, 28 Gratt. 646.</p> <p>3. Idem&emdash;Powers&emdash;Personal liability.&emdash;Fiduciaries have no power to bind, ex directo, those for whom they act, by executing bonds and other evidences of debt. But they are generally bound personally by giving such.</p> <p>4. Idem&emdash;Improper demands&emdash;Confessed judgments&emdash;Conditions.&emdash;Where personal representative confesses judgment on Condition that if the demand be improper it shall be corrected ;</p> <p>Held:</p> <p>That the estate is entitled to credit on the judgment to the extent tha't the demand is improper.</p> <p>5. Idem&emdash;Payment of debts&emdash;Devastavit&emdash;Recovery.&emdash;Money received by one, either as administrator of the debtor, or as agent -of the creditor, and paid over to the creditor in satisfaction of a valid claim against the debtor’s estate, is not recoverable back from the creditor, though there were preferred debts unpaid. Findlay v. Trigg, 83 Va. 539.</p> <p>6. Idem&emdash;Compound interest.&emdash;Executor has no power to bind testator’s estate to pay compound interest, and only the principal sum originally due, with simple interest, should be charged the estate.</p> <p>7. Idem&emdash;Creditor's bill&emdash;Personal decree&emdash;Pleadings.&emdash;Where an order accepted by the personal representative, is rejected in a creditors’ suit, as a valid claim against decedent’s estate, there can be no personal decree for the amount the

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[I]f the common law has vitality it should be elastic enough to provide safeguards against fraudulent and speculative claims and to adapt itself to the facts of life in our modern society.” (Citation omitted.)
  • “[I]f the common law has vitality it should be elastic enough to provide safeguards against fraudulent and speculative claims and to adapt itself to the facts of life in our modern society.” (Citation omitted.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Lewis

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