Cases Decided in the Supreme Court of Appeals of Virginia Volume 75 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...in his own right and as administrator of Peter Guerrant, deceased, for an acfiount of all transactions between himself and George Kefauvef in the joint administration of Peter Guerra-nt' also of all transactions growing out of said adm tor or administra ther is entitled to receive, e for the latter Elld ODE EXECU tor gets credit wit what he gets or is all may in equity be required to accoun n of multifarious ill contains ust concur 1 4. To support the objectio gewfldlyr different causes of suit a deceased, s estate, and inistration had with Hufi' the plaintiff, as administrator of Kefauver's estate. To this bill thedefendant demurred; the demurrer was sustained and the bill dismissed; whereupon an appeal was obtained from a judge of this court. R. E. Penn, for the appellant. A. H. Phlegar, for the appellee. Bnnxs, J., delivered the opinion of the court. This is an appeal from a decree of the circuit court of Floyd county, dismissing the appellant's bill on demurrer. The only question therefore is, whether the bill is sufficient. Aiter it was amended by striking out so much as related to the alleged payment by Kefanver to Hartman for certain bonds on Dewes, it stood simply as a bill by the personal representative of one administrator against the surviving co-administrator for an account and settlement of the transactions of the two inter se growing out of the joint administration of the estate, and for a personal decree against the defendant for any value ascertained to be owing by him on such accounting and settlement. There can be no doubt of the jurisdiction of a court of equity in such a case. The relation of the administrators, not only to the estate they had to administer and the parties entitled to it, ...