Difference between revisions of "Moring v. Lucas"
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| − | [[File:WytheAmblerVWyld1852.jpg|link= | + | [[File:WytheAmblerVWyld1852.jpg|link={{filepath:CallsReports1833V4MoringvLucas.pdf}}|thumb|right|300px|First page of the opinion [[Media:CallsReports1833V4MoringvLucas.pdf |''Moring v. Lucas'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]] |
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[[Media:CallsReports1833V4MoringvLucas.pdf |''Moring v. Lucas'']], 8 Va. (4 Call) 577 (1795),<ref> | [[Media:CallsReports1833V4MoringvLucas.pdf |''Moring v. Lucas'']], 8 Va. (4 Call) 577 (1795),<ref> | ||
Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals in Virginia'', (Richmond: R. I. Smith, 1833), 4:577. </ref> was a family dispute regarding the administration of a will. | Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals in Virginia'', (Richmond: R. I. Smith, 1833), 4:577. </ref> was a family dispute regarding the administration of a will. | ||
==Background== | ==Background== | ||
| − | In 1793, John Moring filed a complaint in the High Court of Chancery. | + | In 1793, John Moring filed a complaint in the High Court of Chancery. In his complaint, Moring stated that his grandfather devised his entire estate equally between John's father, William Moring, and his uncle, Christopher Moring. John’s grandfather also appointed Christopher as the sole executor of the estate. Soon after the appointment, Christopher Moring died without taking an account of the estate or separating the grandfather’s property. After Christopher’s death, John Lucas and John Jarret, Christopher’s son-in-laws, took administration of the estate. John Moring brought this case to partition his grandfather's estate, so he could obtain his inheritance. |
===The Court's Decision=== | ===The Court's Decision=== | ||
Chancellor Wythe dismissed the case stating that John Moring had not shown why he was entitled to the estate, nor, if he were entitled, how the defendants were responsible for the grievance. The Court of Appeals affirmed. | Chancellor Wythe dismissed the case stating that John Moring had not shown why he was entitled to the estate, nor, if he were entitled, how the defendants were responsible for the grievance. The Court of Appeals affirmed. | ||
Revision as of 10:42, 20 July 2018
First page of the opinion Moring v. Lucas, in Reports of Cases Argued and Decided in the Court of Appeals of Virginia, by Daniel Call. Richmond: R. I. Smith, 1833.
Moring v. Lucas, 8 Va. (4 Call) 577 (1795),[1] was a family dispute regarding the administration of a will.
Background
In 1793, John Moring filed a complaint in the High Court of Chancery. In his complaint, Moring stated that his grandfather devised his entire estate equally between John's father, William Moring, and his uncle, Christopher Moring. John’s grandfather also appointed Christopher as the sole executor of the estate. Soon after the appointment, Christopher Moring died without taking an account of the estate or separating the grandfather’s property. After Christopher’s death, John Lucas and John Jarret, Christopher’s son-in-laws, took administration of the estate. John Moring brought this case to partition his grandfather's estate, so he could obtain his inheritance.
The Court's Decision
Chancellor Wythe dismissed the case stating that John Moring had not shown why he was entitled to the estate, nor, if he were entitled, how the defendants were responsible for the grievance. The Court of Appeals affirmed.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals in Virginia, (Richmond: R. I. Smith, 1833), 4:577.
