Moring v. Lucas

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),‎ 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

• Wythe's Judicial Career