Johnson v. Mitchell

Decided October 15, 1822

Supreme Court of Virginia · decided 1822-10-15

This was an appeal from the Richmond chancery court, where Barbara II. Johnson, by Francis Johnson, her husband and next friend, brought a suit against William Mitchell, acting executor of Thomas Mitchell, deceased, to recover a legacy which had been left to the said Barbara, by her father, the said Thomas Mitchell. By the will of the said Thomas, two thousand pounds were bequeathed to Thomas Johnson, in trust for the use and benefit of his daughter Barbara II.

Decided 1822-10-15

¶1October 19.

Judge Biiooke,

¶2delivered the opinion of the court, consisting of judges Brooke, Coalter and Green.*

¶3It appearing that no person was authorised to receive the legacy, and it not appearing affirmatively, that the executor or his testator’s estate, received interest on the fund out of which the legacy was payable, under the authority of the case of Cavendish vs. Fleming, in this court, the court affirms the decree.

¶4 Judge Green had been appointed by the executive to fill the vacancy occasioned by the death of judge Roane.