Legal Opinion
Smith v. Mustian
Supreme Court of Virginia
Decided April 22, 1977No. Record No 760353PublishedCited by 4 opinions
1Opinion of the Court
Compton, J.,
delivered the opinipn of the court.
In this review of a final order entered in an inter partes probate proceeding, both litigants debate the legal effect of one of the provisions of the will and seek a construction of the entire document. Although not discerned by either party to this proceeding, such a determination is beyond the jurisdiction of the probate court. Hence, the appeal will be dismissed as improvidently awarded. The issue arises in the following manner.
Isaac Freddie Davenport, the testator, died on September 19, 1974, when “in his eighties,” in King William County. On…
2Cases cited7 opinions
- Tyson v. ScottSupreme Court of Virginia · 1914
- Coffman v. CoffmanSupreme Court of Virginia · 1888
- Rickard v. RickardSupreme Court of Virginia · 1922
- First Church of Christ v. HutchingsSupreme Court of Virginia · 1968
- Thomas v. BestSupreme Court of Virginia · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- John A. Turja Richard H. Turja v. Stephen F. Turja, Individually and as of the Estate of Marion A. TurjaCourt of Appeals for the Fourth Circuit · 1997
- In re Estate of TaggertFairfax County Circuit Court · 1992
- Thadani v. MalkaniFairfax County Circuit Court · 2007
- Turja v. TurjaCourt of Appeals for the Fourth Circuit · 1997