Jones v. Williams

First page of the opinion Jones v. Williams, in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, by Daniel Call. Ed. Lucian Minor. 3rd ed. Richmond: A. Morris, 1854.

In Jones v. Williams, 6 Va. 102, 2 Call 103 (1799), the Court determined whether an executor could recover funds he negligently loaned to an estate's devisees.

Background

William Watson made his will and under various circumstances, Richard Jones became the acting executor of the estate. In his will, Watson left 2,650 acres of land to his four daughters. Thomas Williams, the defendant, married one of Watson’s daughters and received his wife’s portion of the inheritance except for some cash that remained in Richard Jones’ custody until the entire estate was settled. In 1764, Richard Jones paid Thomas Williams an additional £77. Williams then requested £100 from Jones, but was told he was not entitled to it. Williams then made a deal with Jones for a loan of £100 which he would return to Jones if the estate’s settlement did not break even. Jones agreed and the loan was made, but the bond was lost. After an order of the Amelia County Court was made regarding the Watson estate, it was determined that the estate owed Jones (who had since passed away) £30 in addition to Williams £100. Williams denied that he owed Jones and Jones’ estate brought this case to the High Court of Chancery in order to recover payment and obtain general relief.

The Court's Decision

The Commissioner debited Williams with a proportion of quit-rents after it was determined at trial that another member of the Watson estate had borrowed money from Williams and he had not received payment. Chancellor Wythe allowed for the quit-rents and approved the commissioner’s allowance. Jones’ executors appealed. The Court of Appeals reversed the decree with costs for not considering the interest owed to the plaintiff.

See also

• Wythe's Judicial Career