Strother's Adm'r v. Mitchell's Ex'or

Citations

• 80 Va. 149
• 1885 Va. LEXIS 50

Syllabus

<p>1. Legacies — Advancements—Ademption.—Where one in loco parentis gives a legacy as a portion, and afterwards advances in the nature of a portion to same person, such advancement will be deemed an ademption of the legacy. Hansborough v. Hooe, 12 Leigh, 322. But where the gift is given before the making of the will, and the will does not charge it as an advancement, the court cannot so charge it in settling the estate. Code 1873, chapter 118, section 12.</p> <p>2. Co-Sureties — Contribution.—Where principal is insolvent, surety, against whom judgment has been rendered, may have judgment against his co-surety for his share of the debt. But unless such judgment has been rendered, such surety cannot have judgment against his co-surety. Code 1873, chapter 144, section 8.</p> <p>3. Evidence — Post-Admissions of Assignor. — A letter written by a dis-tributee, after assigning his share of the estate, is not admissible as evidence for any purpose in suit to settle the estate.</p> <p>4. Decrees— Who bound by. — One not a party to the suit is not bound by any proceedings or decrees therein.</p>