Legal Opinion

Tucker v. Sandidge

Supreme Court of Virginia

Decided December 13, 1888PublishedCited by 22 opinions

Error to judgment of circuit court of Amherst county, rendered August 18th, 1887, upon á verdict of a jury impanelled to try the issue of devisavit vel non, under Code 1873, chapter 118, section 32, wherein John S. Sandidge, as executor of William Tucker, deceased, was plaintiff, and Callie Tucker, L. Miller and Emma, his wife, Erastus Watts and Eannie, his wife, and Charles, James and Lucy Tucker were the defendants and contestants.

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Error to judgment of circuit court of Amherst county, rendered August 18th, 1887, upon á verdict of a jury impanelled to try the issue of devisavit vel non, under Code 1873, chapter 118, section 32, wherein John S. Sandidge, as executor of William Tucker, deceased, was plaintiff, and Callie Tucker, L. Miller and Emma, his wife, Erastus Watts and Eannie, his wife, and Charles, James and Lucy Tucker were the defendants and contestants. The jury found a verdict that the paper writing propounded hy the plaintiff as the decedent’s will was not his will. The court, on motion of propounder, set…

1Opinion of the CourtRichardson, J.

This is a controversy' respecting a paper writing, dated August 18th, 1884, purporting to be the last will of Wm. Tucker, deceased, late of Amherst county, propounded as such by John S. Sandidge, who is named therein as executor.

The facts necessary to correctly outline the case are these: Wm. Tucker, the decedent, departed this life on the 23d of August, 1884, seized and possessed of a considerable estate, real and personal, supposed to be worth some $10,000. He had been twice married; and has left surviving him his second wife, Ann, and numerous children, the issue of the two marriages. By…

2Cases cited5 opinions

  1. Clark v. FisherNew York Court of Chancery · 1828
  2. Jones v. Old Dominion Cotton MillsSupreme Court of Virginia · 1886
  3. Brown v. Rice's Adm'rSupreme Court of Virginia · 1882
  4. Riddell v. Johnson's ex'orSupreme Court of Virginia · 1875
  5. Baldwin v. Baldwin'sSupreme Court of Virginia · 1886

3Cited by22 opinions

  1. Steinkuehler v. WempnerIndiana Supreme Court · 1907
  2. Chappell v. TrentSupreme Court of Virginia · 1893
  3. Floyd v. FloydWest Virginia Supreme Court · 1963
  4. Forehand v. SawyerSupreme Court of Virginia · 1927
  5. Jenkins v. TriceSupreme Court of Virginia · 1929

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