Supreme Court of Virginia January 15, 1867 (Harvey's Adm'r v. Steptoe's Adm'r)

JOYNRS, J.

James Steptoe by his will bequeathed to his son James C. Steptoe certain property and debts, ‘ ‘as a fund out of which” he was to pay the debts of the testator ; and gave him, for his own benefit, the residue thereof that might remain after payment of the debts. This was not a legacy upon condition of paying the debts of the testator. The bequest created a trust fund which James C.