Hylton v. Hylton
Supreme Court of Virginia
At a court of quarterly sessions held for the county of Floyd, in November 1840, a writing, purporting to he the will of George Hylton senior, deceased, bearing date the 13th day of June 1835, was produced in court, by Nathaniel Hylton the executor therein named, in order to be proved.
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At a court of quarterly sessions held for the county of Floyd, in November 1840, a writing, purporting to he the will of George Hylton senior, deceased, bearing date the 13th day of June 1835, was produced in court, by Nathaniel Hylton the executor therein named, in order to be proved. The prohat thereof, was opposed by Elijah Ilylton, one of the sons of George Hylton senior, and others; and the case having been continued until the August term of the court for 1841, came on then to he heard, when the court refused to admit the paper to proba!, as and for the last will and testament of George…
1Opinion of the CourtAllen, J.
The court is of opinion, that if the execution of the paper purporting to be the last will and testament of George Hylton senior, deceased, dated the 13th day of June 1835, had been duly proved, according to the requisitions of the act of assembly prescribing the mode of executing wills, the evidence adduced to shew a cancellation or revocation thereof, was not sufficient to establish such cancellation or revocation.
*165The court is further of opinion, that the admission of , , , i the contestants that the paper had been duly executed as the last will and testament of the deceased, did not…
2Cited by33 opinions
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- Mullan's Adm'r v. CarperWest Virginia Supreme Court · 1892
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- Kincheloe v. TracewellsSupreme Court of Virginia · 1854
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