Legal Opinion

Nicholas v. Nicholas

Supreme Court of Virginia

Decided November 20, 1902PublishedCited by 2 opinions

Appeal from a decree of the 'Circuit Court of Rockingham county, pronounced April 23, 1900, in a suit in chancery where one of the appellants, Georg© -M. Nicholas, was the complainant, and the other appellant and the appellees were the defendants. The bill in this cause was filed by one of the appellants, George Nicholas, a son of Jacob B. Nicholas, deceased.

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Appeal from a decree of the 'Circuit Court of Rockingham county, pronounced April 23, 1900, in a suit in chancery where one of the appellants, Georg© -M. Nicholas, was the complainant, and the other appellant and the appellees were the defendants. The bill in this cause was filed by one of the appellants, George Nicholas, a son of Jacob B. Nicholas, deceased. The bill alleges that the said Jacob B. Nicholas died “intestate, seised and possessed 'of a large amount of real estate, and a considerable amount of personalty;” that the sole heirs and distributees of the decedent were his five sons;…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

J. R. Nicholas was seised during his lifetime of several parcels of real estate in. the county of Rockingham. He gave one of these tracts, valued -at $7,000, to his son, Charles H. Nicholas. The donee was put in possession about the year 1880, and thereafter placed valuable improvements upon it, and exea’cised exclusive 'ownership over it until his father’s death.

In 1872 the father placed J. J. Nicholas, another son, in possession as tenant of what is known as the “Palmer tract,” consisting of 125 acres. In 1887 his father proposed to him that he…

2Cases cited5 opinions

  1. Burkholder v. LudlamSupreme Court of Virginia · 1878
  2. Stoneburner & Richards v. MotleySupreme Court of Virginia · 1898
  3. Stokes v. OliverSupreme Court of Virginia · 1882
  4. Griggsby v. OsbornSupreme Court of Virginia · 1886
  5. Jackson's Adm'r v. JacksonSupreme Court of Virginia · 1898

3Cited by2 opinions

  1. Mann v. MannSupreme Court of Virginia · 1932
  2. Creed v. GoodsonSupreme Court of Virginia · 1929

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