Wimbish & Wife v. Rawlins' Ex'or

Citations

• 76 Va. 48
• 1881 Va. LEXIS 72

Syllabus

<p>1. Personal Representatives—Discretion.—Testator dying January,. 1861, desired his debts paid as soon as convenient, and directed his land in Virginia, and all property on it, except negroes, to be sold on such terms as his executor might deem advisable. He delayed sale until November, 1862.</p> <p>Held:</p> <p>The will vested in him a wide discretion as to time as well as terms of sale, and, acting in good faith, he would not be liable even had loss resulted from the delay.</p> <p>2. Idem—Ex parte settlements.—Onus of overcoming by proof the presumption of correctness which the law attaches to ex parte settlements,, rests on those .who seek to surcharge or falsify them.</p> <p>3. Idem—Credit without scale.—Executor having received Confederate money from sale of assets, and paid it in discharge of ante-helium debts, should be credited with the full amount so paid without .scaling.</p> <p>4. Idem—Ante-helium debt.—Exception made for first time in appellate-court to receipt by executor of Confederate money in payment of a solvent ante-bellum debt, will not be considered.</p>