Boyd's Adm'r v. Townes' Adm'r

• Decision Date: 08 May 1884
• Citation: 79 Va. 118
• Parties: BOYD'S ADM'R AND ALS. v. TOWNES' ADM'R AND ALS.
• Court: Virginia Supreme Court

79 Va. 118

BOYD'S ADM'R AND ALS. v. TOWNES' ADM'R AND ALS.

Supreme Court of Appeals of Virginia.

May 8, 1884

Appeal from decree of circuit court of Mecklenburg county rendered 28th July, 1882, in the cause of Alfred Boyd, as administrator, and as distributee of Francis W. Boyd, Jr. deceased, and others, against Thomas F. Goode, executor of William Townes, deceased, and others. The object of the suit was to surcharge and falsify the accounts of said William Townes as executor of Francis W. Boyd, Sr., deceased, which had been settled ex parte in 1866, to scale the payments which had been made by said Townes as such executor in 1863, to F. W. Boyd, Jr., one of the distributees of F. W Boyd, Sr., and very recently become of age, in Confederate States currency, and to charge said Townes' estate with compound interest on certain bonds of the estate of F. W Boyd, Sr., deceased, which said Townes had held and collected, as such executor. The circuit court decreed in favor of the defendants, and the complainants obtained an appeal from the decree to this court. Opinion sufficiently states the facts for the comprehension of the questions decided.

W W. Henry, for the appellants.

W. E. Homes, W. J. Robertson, A. S. Lee, and Green & Faulk ner, for the appellees.

OPINION

LACY J.

In 1850, Francis W. Boyd, Sr., of the county of Mecklenburg, died, leaving a will, which was admitted to probate March, 1850. William Townes, his father-in-law, who was named in the will as executor, qualified and took charge of the estate. The said Boyd left a widow (who was the daughter of the executor) and five children.

By the will, the estate was directed to be kept together for the support of the widow and the education of the children. If the widow should marry, then she was to receive a child's share, and each child was to receive his share on coming of full age. The widow married and received her share. The oldest son came of age and received his share. The accounts of the executor were regularly settled up to 1860, then the war coming on, there were no more settlements until 1866.

In the meantime, the second son came of age in the year 1863. His name was Francis W. Boyd, Jr. He was a soldier in the Confederate army, and being at home temporarily about that time, had a settlement with his grandfather, and received $10,000 as his share of his father's estate.

A short time afterwards, said Francis W. Boyd, Jr., was killed while serving in the army, unmarried and without a will.

William Townes, the executor, died in 1879. In April, 1880, the appellants, the half brother and half sister of said Francis W. Boyd, Jr., brought this suit to surcharge and falsify the settled accounts of William Townes, the executor of Francis W. Boyd, Sr., the brothers and sisters of said Francis W. Boyd, Jr., of the whole blood, having settled with the executor in his life-time. Afterwards, the second husband, Alfred Boyd, the father of the other plaintiffs, was made a party by an amended bill, and he then filed a cross-bill, and as administrator of Francis W. Boyd, Jr., united in the suit.

The court ordered a resettlement of the accounts of William Townes, deceased, as executor; and upon the coming in of the commissioner's report, both sides in the suit excepted.

The defendants except to the scaling of the payments made to Francis W. Boyd, Jr., in 1863, and to the charge against the executor of compound interest on his executorial accounts.

The plaintiff, Alfred Boyd, excepted to the allowance against him of the payment made by William Townes, as his security, in a certain judgment paid to Wright's administrator.

The circuit court sustained the exceptions of the defendants, and overruled the exception of the plaintiff, and decreed accordingly, whereupon the plaintiffs applied to this court for an appeal, which was allowed by one of its judges on the 2d day of November, 1882.

The money was paid by William Townes to Francis W. Boyd, Jr. after he came to full age. It was voluntarily accepted. The evidence shows, conclusively, that Francis W. Boyd, Jr., was subject to no undue influence. There was no such confidential relation between the parties when this payment was made as would invalidate it. One was a...