Ross' Ex'r v. Kiger
West Virginia Supreme Court
I. — The word “dollars” may be supplied by court in a will where same was manifestly inadvertently omitted by testator. —Beach, "Wills, p. 526, § 322, note 2, Pony series; lb. § 321. II. — “M,. L. Church Conference Seminary” as such has power under West Virginia statutes to take legacy. — 29 W. Ya. 169, ss. 4 and 5 of syl.; Code W. Ya. c. 57, ss. 3 and 6. III. — “Missionary Society M. JE.
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I. — The word “dollars” may be supplied by court in a will where same was manifestly inadvertently omitted by testator. —Beach, "Wills, p. 526, § 322, note 2, Pony series; lb. § 321. II. — “M,. L. Church Conference Seminary” as such has power under West Virginia statutes to take legacy. — 29 W. Ya. 169, ss. 4 and 5 of syl.; Code W. Ya. c. 57, ss. 3 and 6. III. — “Missionary Society M. JE. Church” is a corporation under New York statutes, and as such is empowered to take legacy. — 29 W. Ya. 169; 32 Gratt. 357; 80 Ya. 718. IY. — Court will take judicial notice of provisions of N. Y. statutes. —…
1Opinion of the Court
English, Judge:
On the 9th day of March, 1892, Ellen C. Ross, of Harrison county, executed her last will and testament, which was in her own handwriting, and appointed William E. Jolliff and James Dunkin as executors thereof, and said James Dunkin qualified as sole executor of said will, and on the first Monday in April, 1893, said executor filed a bill in the circuit court of Harrison county, praying, among other things, a construction and interpretation of said will, and a settlement of his accounts as such executor before one of the commissioners of said court.
The clauses of the will…
2Cases cited11 opinions
- Bool v. MixNew York Supreme Court · 1837
- Gilmer v. StoneSupreme Court of the United States · 1887
- First Nat. Bank of Ceredo v. Huntington Distilling Co.West Virginia Supreme Court · 1895
- Wilson v. PerryWest Virginia Supreme Court · 1886
- Walker v. Griffin's HeirsSupreme Court of the United States · 1826
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Records v. FieldsSupreme Court of Missouri · 1900
- Wills v. FoltzWest Virginia Supreme Court · 1907
- Collins v. FeatherWest Virginia Supreme Court · 1902
- Henrikson v. Swedish Baptist Mission SocietySupreme Court of Minnesota · 1925
- Cornwell v. Mount Morris Methodist Episcopal ChurchWest Virginia Supreme Court · 1913
15 more not listed; retrieve them via the Exa API.