Strange's Adm'r v. Strange

Citations

• 76 Va. 240
• 1882 Va. LEXIS 25

Syllabus

<p>1. Chancery Practice.—No exceptions to commissioner’s report below; cause heard on it prematurely, but without exception appearing of record ; no exceptions presented in the appellate court can be considered unless for errors appearing, on the face of the report, and the hearing will be treated as having been by consent.</p> <p>2. Idem.—As to when it is premature or not to hear a cause on a commissioner’s report, see V. C. 1873, ch. 171, § 10.</p> <p>3. Homestead—Buies for subjecting to decedent's debts.—Decedent’s entire estate may be subjected to a homestead-waived debt, but the portion not embraced in the homestead deed shall be first subjected. V. C. 1873, ch. 183, § 3.</p> <p>4. Idem.—After the exempted property has been set apart, the residue shall be applied towards paying all the decedent’s debts ratably (unless there 'be some entitled to priority under V. C. 1873, ch. 126, § 25), and after the residue has been exhausted the exempted property may be subjected to pay such portions of the homestead-waived debts as remain unpaid.</p> <p>5. Idem.—Decree that administrator turn over to widow money and dioses in action for her “homestead” before the residue of the estate has been gotten in and applied to the debts, or before it is ascertained whether it will be sufficient to satisfy all the debts, is erroneous. The course proper for the court below is stated by Burks, J., on last page of opinion.</p>