Whelan v. Reilly
West Virginia Supreme Court
'Bill filed in the circuit court of Ohio county, at February rules, 1870. Decree for plaintiffs John Reilly and others, at December term 1870. The defendants appealed to this court. The points arising in the case, in the construction of certain clauses in the will of Philip Reilly, deceased, are stated in the opinion of Maxwell, J. This case was a bill in chancery to set aside the trusts created by the last will of Philip Reilly, deceased.
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'Bill filed in the circuit court of Ohio county, at February rules, 1870. Decree for plaintiffs John Reilly and others, at December term 1870. The defendants appealed to this court. The points arising in the case, in the construction of certain clauses in the will of Philip Reilly, deceased, are stated in the opinion of Maxwell, J. This case was a bill in chancery to set aside the trusts created by the last will of Philip Reilly, deceased. The questions for the consideration of the court arise upon, the face of the will. For the appellees it is claimed that the trusts created by the will are…
1Opinion of the CourtMaxwell, J.
The appellees claim one-third of the residuary fund of the estate of Philip Reilly, deceased, on the ground of the death of William Reilly, one of the supposed residuary legatees in the life-time of the testator Philip Reilly.
There is no controversy as to what the residuary fund is.
*374The clauses of the will on which the controversy turns are the twelfth, thirteenth, fourteenth and nineteenth, as follows
“ Twelfthly. All the estate of every kind, which shall at anytime come or belong to the trustees by virtue of this will, or any thing done in pursuance of the same, and which is not otherwise…
2Cases cited1 opinion
- Whelan v. ReillyWest Virginia Supreme Court · 1869
3Cited by8 opinions
- Weiss v. SotoWest Virginia Supreme Court · 1957
- Couch v. EasthamWest Virginia Supreme Court · 1887
- Weiss v. SotoWest Virginia Supreme Court · 1957
- Carney v. KainWest Virginia Supreme Court · 1895
- Goetz v. Old National Bank of MartinsburgWest Virginia Supreme Court · 1954
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