Forney v. Ferrell
West Virginia Supreme Court
Jonathan Buchanan, of Brooke county, who died in 1857, had two children, both daughters, viz: Rebecca Buchanan, who married Daniel S. Forney, the elder, in 1828, and died in 1851; and Mary Buchanan, who married the same Daniel S. Forney, the elder, in 1852, and died in 1866. Of the first marriage there were living in 1861, and are yet living, five children, to wit: the appellant, John B. Forney, the elder, and the appellees Sarah, wife of Joseph W. Ferrel, Daniel S. Forney,…
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Jonathan Buchanan, of Brooke county, who died in 1857, had two children, both daughters, viz: Rebecca Buchanan, who married Daniel S. Forney, the elder, in 1828, and died in 1851; and Mary Buchanan, who married the same Daniel S. Forney, the elder, in 1852, and died in 1866. Of the first marriage there were living in 1861, and are yet living, five children, to wit: the appellant, John B. Forney, the elder, and the appellees Sarah, wife of Joseph W. Ferrel, Daniel S. Forney, the younger, Nancy Forney, and Mary I., wife of David L. Kelly. Of the second marriage there were no children. By his…
1Opinion of the CourtMaxwell, J.
A bill was filed in the circuit court of Brooke county, under the statute, to contest the validity of the will of Mary Forney, deceased, who was a married woman.
The court made an order that a jury should be empan-elled at the bar of the said court, on the law side thereof, to ascertain and determine by their verdict the issue, whether any, and if any, how much of the papers in the bill mentioned, dated respectively December 27th, 1861, and March 7th, 1866, be the will of the decedent Mary Forney.
A trial was accordingly had before a jury, during which numerous rulings of the court were made…
2Cases cited2 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Hauberger v. RootSupreme Court of Pennsylvania · 1843
3Cited by33 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Estate of DolbeerCalifornia Supreme Court · 1906
- State v. PraterWest Virginia Supreme Court · 1902
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Delaplain v. GrubbWest Virginia Supreme Court · 1898
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