Legal Opinion

Hoke v. Hoke

West Virginia Supreme Court

Decided March 30, 1878PublishedCited by 12 opinions

An appeal, granted upon tbe petition of Christopher Hoke, Jr., in his own right, and as executor of Christopher Hoke, Sr., to a decree of the circuit court of Greenbrier county, rendered on the 21st day of Novem-; ber, 1874, in a cause in chancery then in said court pending, wherein said Christopher Hoke, Jr., as such executor, and in his own right, was plaintiff, and John-M. Hoke and others, heirs and devisees of Christopher Hoke, Sr., deceased, were defendants.

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An appeal, granted upon tbe petition of Christopher Hoke, Jr., in his own right, and as executor of Christopher Hoke, Sr., to a decree of the circuit court of Greenbrier county, rendered on the 21st day of Novem-; ber, 1874, in a cause in chancery then in said court pending, wherein said Christopher Hoke, Jr., as such executor, and in his own right, was plaintiff, and John-M. Hoke and others, heirs and devisees of Christopher Hoke, Sr., deceased, were defendants. The facts sufficiently appear in the opinion of the Court. referred to the following authorities: 1 Amb. 1367; 1 Boper on Legacies…

1Opinion of the CourtHaymond, Judge

In April, 1867, Christopher Hoke brought suit on the chancery side of the circuit court of Greenbrier county, against Eli Rogers and his wile and others. Afterwards, at the June rules, 1867, of said court, the plaintiff filed his bill in said cause, in which he alleges substantially, that on the — day of May, 1863, Christopher Hoke, Sr. died, he having first made and published' his last will, which was proven at the May term, 1863, thereof, under Confederate rule, and was also proven at April term, 1866, of the circuit court of Monroe county; that by said will, plaintiff and one Royal…

2Cases cited3 opinions

  1. Elliott v. CarterSupreme Court of Virginia · 1853
  2. Hoke v. HokeWest Virginia Supreme Court · 1869
  3. Modisett v. DaytonWest Virginia Supreme Court · 1877

3Cited by12 opinions

  1. Carney v. KainWest Virginia Supreme Court · 1895
  2. George Washington University v. Riggs Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1936
  3. Estate of Lapinsky v. SparacinoWest Virginia Supreme Court · 1963
  4. Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
  5. Lockhart v. VandykeSupreme Court of Virginia · 1899

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