Wills v. Cowper & Parker
Ohio Supreme Court
This cause was adjourned from the Supreme Court of Brown county. It was a bill in chancery to enforce the specific performanee of a contract, for the sale of a tract of land in Brown county. The following are the facts material to- a correct understanding of the point decided by the court: Josiah Parker, of Virginia, .owned the land in question, and he lived and died in Isle of Wight county, in Virginia, where his last will and testament was duly proved and recorded.
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This cause was adjourned from the Supreme Court of Brown county. It was a bill in chancery to enforce the specific performanee of a contract, for the sale of a tract of land in Brown county. The following are the facts material to- a correct understanding of the point decided by the court: Josiah Parker, of Virginia, .owned the land in question, and he lived and died in Isle of Wight county, in Virginia, where his last will and testament was duly proved and recorded. The will contained the following clause: “1 constitute and appoint my grandson-in-law, Joseph Baker, of the county of…
1Opinion of the Court
Opinion of the court, by
Judge Sherman :
The first question which arises from the pleadings and proofs in this case is, had the administrator, with the will annexed, of the estate of J. Parker, power, by virtue of said will, his appointment, and the statute of Virginia, to make the contract set forth *116in the bill for the sale to the complainant of the lands in controversy.
The clause in the will of J. Parker, creating the power to sell these lands, is in these words: “I constitute and appoint my grandson-in-law, Joseph Baker, of the county of Nancemond, my executor to this, my last will and…
2Cases cited7 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- United States v. CrosbySupreme Court of the United States · 1812
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Doolittle v. LewisNew York Court of Chancery · 1823
- Doe, Lessee of Lewis & Wife v. Mfarland & OthersSupreme Court of the United States · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Compton v. McMahanMissouri Court of Appeals · 1885
- Cramton v. RutledgeSupreme Court of Alabama · 1908
- Pennsylvania Fire Insurance v. CullinCourt of Appeals of Kentucky · 1923
- Brown & Bigelow v. RoyOhio Court of Appeals · 1955
- Clark v. Neil, Court of Common Pleas of Ohio, Franklin County, Civil Division1924