Rexroad v. Wells
West Virginia Supreme Court
Appeal from, and supersedeas to a judgment of the circuit court of Ritchie' county, rendered on the 26th day of April, 1877, in a cause in chancery, in said court then pending, in which Noah Rexroad, adm/r, was plaintiff and Benjamin Wells and others were defendants, allowed on the petition of said Rexroad. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from.
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Appeal from, and supersedeas to a judgment of the circuit court of Ritchie' county, rendered on the 26th day of April, 1877, in a cause in chancery, in said court then pending, in which Noah Rexroad, adm/r, was plaintiff and Benjamin Wells and others were defendants, allowed on the petition of said Rexroad. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from. GREEN, Peesiuent, turnishes the following statement of the case: In May, 1876, Isaiah Wells died, leaving .a will whereby he left his to children, eleven in number, legacies varying from…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The only question involved in this case is : Did the court err in sustaining the demurrer to the plaintiffs bill and amended bill and dismissing them at his costs ?
If the plaintiff was ombarassed in the performance of his duties, as administrator with the will annexed of Isaiah Wells, by reason of doubt as to the meaning of the will, he had a right to lile his bill to ask the court to settle in advance the construction of the will, if it was doubtful, and thus save the hazard of litigation, which might arise from construing the will himself…
2Cases cited1 opinion
- Stewart v. JacksonWest Virginia Supreme Court · 1874
3Cited by4 opinions
- McDonald v. JarvisWest Virginia Supreme Court · 1908
- Stealey v. LyonsWest Virginia Supreme Court · 1946
- Stapylton v. NeeleySupreme Court of Florida · 1902
- Roberts v. MoselySupreme Court of Florida · 1930