Gay v. Gay
West Virginia Supreme Court
Appeal from Circuit Court, Pocahontas County. Suit by Pat Gay against Sandy Gay and others. From a decree for complainant, defendants appeal.
1Opinion of the Court
LyNoh, Judge :
In a proceeding in equity attacking the validity of a paper writing dated May 13, 1910, purporting to be the last will and testament of J. C. Gay, deceased, a jury was impaneled pursuant to the provisions of §.32, ch. 77, Code; the charge in the bill, denied by answer, being that at the date of the paper writing Gay did not have testamental capacity, and *801was unduly influenced by tbe beneficiaries thereunder. Tbe oath administered was to “well and truly ascertain whether any, and if any how much, of the paper writing” was “the will of J. C. Gay, deceased, and a true verdict…
2Cases cited9 opinions
- Dejarnette v. CommonwealthSupreme Court of Virginia · 1881
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Freeman v. FreemanWest Virginia Supreme Court · 1912
- State v. CobbsWest Virginia Supreme Court · 1895
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. Price and BruceWest Virginia Supreme Court · 1934
- Dustin v. MillerWest Virginia Supreme Court · 1988