Whithlaw's Ex'or v. Sims
Supreme Court of Virginia
Appeal from decree of circuit court of Orange county, rendered July 18th, 1889, wherein Mary Whitelaw’s executor and heirs were complainants, and-Sims and others were defendants. The object of the suit was to annul her will.
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Appeal from decree of circuit court of Orange county, rendered July 18th, 1889, wherein Mary Whitelaw’s executor and heirs were complainants, and-Sims and others were defendants. The object of the suit was to annul her will. The verdict of the jury being in favor of the will, the complainants moved to set it aside and to be allowed a new trial of the issue of devastavit vel non; but the court denied the motion and rendered its decree accordingly and the complainants appealed. Opinion states the case.
1Opinion of the CourtLacy, J.
*589The bill was filed in this case by the appellants against the appellees, to set aside the will of Mrs. Mary Whitelaw, who died in December, 1874, upon the ground of undue influence and the incapacity of the said testatrix on account of imbecility of mind and bodily infirmity, caused by the extreme old age of the testatrix. The defendants answered, denying the allegations of the bill. A jury was impannelled to try the issue as to the validity of the will, and the case was submitted to the jury upon the evidence in the form of depositions and the testimony of witnesses, together with the…
2Cases cited2 opinions
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Hartman v. StricklerSupreme Court of Virginia · 1886
3Cited by14 opinions
- In Re Will of Amelia EverettSupreme Court of North Carolina · 1910
- Redford v. BookerSupreme Court of Virginia · 1936
- Culpepper v. RobieSupreme Court of Virginia · 1930
- Forehand v. SawyerSupreme Court of Virginia · 1927
- Jenkins v. TriceSupreme Court of Virginia · 1929
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