Legal Opinion

McBride v. McBride

Supreme Court of Virginia

Decided September 16, 1875PublishedCited by 6 opinions

This was an appeal from the judgment of the Circuit court of Rockbridge county, rejecting certain papers which had been propounded as the will of J. Jackson McBride. It appears from the evidence, that some time before the death of J. Jackson McBride, his counsel, David P. Curry, prepared a will for him; but the counsel had mistaken his directions as to the shares in which his property was to be divided, and it became necessary therefore to prepare another.

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This was an appeal from the judgment of the Circuit court of Rockbridge county, rejecting certain papers which had been propounded as the will of J. Jackson McBride. It appears from the evidence, that some time before the death of J. Jackson McBride, his counsel, David P. Curry, prepared a will for him; but the counsel had mistaken his directions as to the shares in which his property was to be divided, and it became necessary therefore to prepare another. This second paper was prepared about two months before McBride’s death. This paper the counsel carried in his pocket, expecting to meet…

1Opinion of the CourtStaples, J.

The only question presented for our decision in this-case is, whether the papers offered for probate in the' court below are valid testamentary instruments. This question has been very ably argued on both sides, and the whole law of the case examined and discussed. Before considering the papers which are the subject of controversy, it may be well to state very briefly the principles which will control our decision.

All the authorities hold, indeed it is very clear, it is not necessary to the validity of a will that it should have a testamentary form, or that the decedent should know that he…

2Cases cited3 opinions

  1. Waller v. WallerSupreme Court of Virginia · 1845
  2. Ramsey v. Ramsey's ex'orSupreme Court of Virginia · 1857
  3. Roy v. Roy's Ex'orSupreme Court of Virginia · 1863

3Cited by6 opinions

  1. Merrill v. BoalSupreme Court of Rhode Island · 1926
  2. Sherman v. ShermanCalifornia Supreme Court · 1897
  3. French v. FrenchWest Virginia Supreme Court · 1877
  4. Smith v. SmithSupreme Court of Virginia · 1911
  5. Black v. MaxwellWest Virginia Supreme Court · 1948

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