Ward v. Funsten

Citations

• 86 Va. 359
• 10 S.E. 415
• 1889 Va. LEXIS 50

Syllabus

<p>1. Chancery Practice—Final decree—Reinstatement.—Where there is nothing in a decree to show that the court meant to end the cause, the words “final decree” at the head of the decree and the unauthorized leaving by the clerk of the cause off of the docket, do not make it final so as to prevent the court from reinstating it.</p> <p>2. Idem—Former decree—Its enforcement.—In a suit to enforce contracts for sale of land, the balance of the purchase money was, at the donor’s request, ordered by the court to be invested in trust for the vendor’s widow and children: held, the cause may be reinstated to carry into effect the decree and avoid multiplicity of suits, though the original plaintiff has no interest therein.</p> <p>3. Trusts—Construction—Case at bar.—The money was invested for the use of the widow and her children during her life and until the youngest child should attain the age of 21, and all the females should marry and be provided with homes. Widow died. All the children reached 21, and only one was unmarried, and she had a home with her aunt. Held, the unmarried daughter was entitled to the whole income.</p> <p>4. Chancery Practice—Parties.—It was not necessary that the married daughters, their husbands, or the donors of the fund, to whom it 'would revert, should join in the petition that the income be paid to the unmarried daughter, as she was the only one interested. Nor was it reversible error that the married daughters and the donors did join in the petition, as they asked for no relief, but united to show their acquiescence in its prayer. Code 1887, sec. 3450.</p> <p>5. Idem—Trustees—Commissions—Case at bar.—A trustee who failed to make annual settlements, or any statement to the beneficiaries, as directed by Code 1887, secs. 2678 and 2679, whose only excuse was that he did not deem it necessary, as he had annually paid the interest: held, not entitled to commissions; and that his right to future commissions will depend upon his future conduct.</p>