Wayland v. Crank's Ex'or

Citations

• 79 Va. 602
• 1884 Va. LEXIS 119

Syllabus

<p>1. Practice in Chancery—Answer as Cross-bill.—Where answer contains charges, and makes demands against complainant, which, by strict rules of pleading, could only be set up by bill or cross-bill, a court of equity will consider and treat such answer as a cross-bill, so as to enable it to do complete justice in the case. Mettert v. Whitlock, 18 Gratt. 235.</p> <p>2. Appeals—Interlocutory Decrees.—There is no statutory bar to the time within which a petition may be filed to correct error in an interlocutory decree; and rehearing is granted or denied at the sound discretion of the court. Kendrick v. Whitney, 28 Gratt. 646.</p> <p>3. Fiduciaries—Liability.—It is well settled in this state that if an executor honestly exercise the discretion conferred on him by the will, he cannot be held liable for any loss which may have happened through a mere error of judgment. Cooper v. Cooper, 78 Va. 198.</p> <p>4. Idem—Purchases at their Own Sales.—An executor may not lawfully, directly or indirectly, purchase at his own sale, but he may lawfully purchase for his own benefit property, though it may have been previously purchased by his vendor of himself, as such executor; provided, of course, the transaction be real and bona fide. Staples v. Staples, 24 Gratt. 225. And this is true a fortiori, when the transaction was not only real and bona fide, but was sanctioned by the court with all the facts before it. Hurt v. Jones, 75 Va. 341.</p> <p>5. Idem—Sales for Currency.—Sale by executor of testator’s perishable property, not exempt from sale, in January, 1865, for the only currency then in circulation, was not only allowable, but in accordance with the mandate of the statute. Code 1873, ch. 126, § 16. Rules applicable to transactions of fiduciaries during the war depend on the circumstances of each case. Dickinson v. Helms. 29 Gratt. 462.</p> <p>6. Idem—Sale—Cestui que trust—At sale of testator’s perishable property executor should decline to allow a legatee, for whom he is trust