Engle v. Engle
West Virginia Supreme Court
John Engle died on the 18th day of October, 1865, testate, in Jefferson county. He devised his lands equally to his four sons “subject to the doymr of his beloved wife,” Susan A. Engle. Prior to his death a crop of wheat had been sown on his lands, which was harvested by his executor, James W. Engle, in the wheat harvest of 1866. The net proceeds of the wheat amounted to 2,756 dollars and 45 cents.
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John Engle died on the 18th day of October, 1865, testate, in Jefferson county. He devised his lands equally to his four sons “subject to the doymr of his beloved wife,” Susan A. Engle. Prior to his death a crop of wheat had been sown on his lands, which was harvested by his executor, James W. Engle, in the wheat harvest of 1866. The net proceeds of the wheat amounted to 2,756 dollars and 45 cents. The widow brought suit against the executor to the August rules, 1867, to recover one-third of the value of the crop. On the trial the foregoing facts were agreed and that the crop of wheat, which…
1Opinion of the Court
Brown, President.
John Engle died on the 18th of October, 1865, having but a short time previous sowed a crop of grain upon his land, leaving a will. He devised hi3 lands to his four sons, subject, however, to his wife’s dower right in the same. The crop of grain then growing upon the lands devised was severed from the freehold, by the executor, and sold on the 1st day of October, 1866,-for the sum of 2,756 dollars and 45 cents, after deducting all the expenses of harvesting the crop, &c.
The widow claims from the executor the sum of 918 dollars and 81 cents, that being a third of the net…
2Cited by9 opinions
- Minner v. MinnerWest Virginia Supreme Court · 1919
- Hansford v. SnyderWest Virginia Supreme Court · 1907
- Holt v. HoltWest Virginia Supreme Court · 1924
- Amiss v. HiteshewWest Virginia Supreme Court · 1929
- Fleming v. PopleWest Virginia Supreme Court · 1916
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