Montague v. Allan's Ex'or
Supreme Court of Virginia
Appeal of D. P. Montague and Genevieve, Ms wife, formerly Genevieve Allan, from decree of chancery court of city of Richmond, pronounced February 24th, 1883, in suit wherein appellants were plaintiffs, and George W. Mayo, executor of Louisa G. Allan, deceased, and others, were defendants.
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Appeal of D. P. Montague and Genevieve, Ms wife, formerly Genevieve Allan, from decree of chancery court of city of Richmond, pronounced February 24th, 1883, in suit wherein appellants were plaintiffs, and George W. Mayo, executor of Louisa G. Allan, deceased, and others, were defendants. The object of the suit was to annul the instrument propounded as the will of the decedent, and the issue was “ devisavit vel non,” and the complaint is of the verdict and the decree founded thereon, which were in favor •of the defendants. Opinion states the facts.
1Opinion of the CourtFauntleroy, J.
On the 2d of April, 1881, Mrs. Louisa G. Allan, of Richmond, executed and acknowledged her last will and testament—a paper drawn by Mr. George W. Mayo, who was named as one of the executors, and whose wife was a large beneficiary. The testatrix died on the 24th of the same month. The will was admitted to probate by the chancery court for the city of Richmond April 27th, 1881, when Geo. W. Mayo qualified as executor.
On September the 5th, 1882, Miss Genevieve Allan (who since the institution of the suit has intermarried with L. P. Montague) exhibited her bill in the said chancery court, in…
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