Waller's Adm'r v. Catlett's Ex'ors

Citations

• 83 Va. 200
• 2 S.E. 280
• 1887 Va. LEXIS 52

Syllabus

<p>Wills&emdash;Bequest to mother and children&emdash;Construction.&emdash;Money was bequeathed for separate use of a wife and her children. It was invested in October, 1862, in a Confederate bond by the trustee, which perished on his hands. During mother’s lifetime one of her sons brought suit for himself and sister against trustee to recover the trust fund.</p> <p>Held :</p> <p>1. The children were not entitled to demand any portion of the trust fund during their mother’s life. Bain v. Buff, 76 Va. 374.</p> <p>2. The trustee, acting in good faith and with the lights of that time, was not liable as for a breach of trust. Douglas v. Stephenson, 75 Va. 749.</p>