Strother v. Hull

Citations

• 23 Va. 652

Syllabus

<p>!• An administrator c. t. a. lives in the dwelling house of his testator, and apart of the furniture is retained and used by him, until it is consumed by fire with the house. Though he had with him the younger children of the testator, for whose board he was paid, the furniture must be considered as having been taken as his own, and he must account for its value.</p> <p>2. In 1851 H dies, leaving several infant children, and a considerable estate, real and personal. He directs by his will, that on the marriage of his eldest daughter Ann, she shall have possession of the home place, if she will keep the younger children with her, and take good care of them; and this she does. He directs his executor to manage his estate until 1st January, . 1861, when it is all to be divided equally among his children. S, the husband of Ann, becomes adm’r c. t. a., takes possession of the estate, and does not invest the money, nor does he settle his administration account. Held :</p> <p>1. Ann and her husband were entitled to the home place free of rent, and to be paid a reasonable board for the younger children whilst they lived with them.</p> <p>2. The accounts of S, as administrator c. t. a., up to January 1st, 1861, are to be settled as guardian’s accounts, and the interest to be compounded; and his sureties are responsible for the amount so found against him up to that time.</p> <p>3. Though S is responsible after the 1st of January, 1861, for compoud interest upon the shares of such of the children as he continued to act for as guar’dian de facto, his sureties are not so chargeable.</p> <p>4. S not having settled his accounts as adm’r, and showing no sufficient reason for his failure to do so, is not to be allowed commissions, except upon receipts after January 1st, 1860.</p> <p>3. Prior to January 1st, 1861, land left to two of the sons, who were to account for the same in the division, was sold under a decree of the court, by S as commissioner, and he was decreed to hold t