Neil v. Neil
Supreme Court of Virginia
The appellants, claiming as heirs of Thomas Neil deceased, exhibited their bill in the superior court of chancery of Winchester, against the appellees, who claimed as his devisees, contesting the validity of an instrument purporting to be.the will of that decedent, whereby real estate was devised, which had been proved and recorded in the county court of Frederick, upon the ground, that the instrument had not been duly published, declared and attested, according to the…
Read the full summary
The appellants, claiming as heirs of Thomas Neil deceased, exhibited their bill in the superior court of chancery of Winchester, against the appellees, who claimed as his devisees, contesting the validity of an instrument purporting to be.the will of that decedent, whereby real estate was devised, which had been proved and recorded in the county court of Frederick, upon the ground, that the instrument had not been duly published, declared and attested, according to the statute of wills. The chancellor directed an issue of devisavit vel non, to be tried before the circuit court of Frederick.…
1Opinion of the CourtCarr, J.
To understand correctly the instruction given by the circuit court to the jury which tried the issue of devisavit vel non, we must not take it as an abstract proposition, but (as it was given) in connection with and as applicable to the case proved in evidence. Thus it was proved, (as is clear to me from the bill of exceptions), that the whole transaction of signing and attesting the will', took place in the testator’s bed-room j and that the testator, before the witnesses subscribed, being asked if he acknowledged the will, ana wished them to attest it, answered affirmatively. These facts…
2Cited by21 opinions
- Watson v. PipesMississippi Supreme Court · 1856
- Hill v. BargeSupreme Court of Alabama · 1848
- Cook v. WinchesterMichigan Supreme Court · 1890
- Robinson v. KingSupreme Court of Georgia · 1849
- Hanna v. WilsonSupreme Court of Virginia · 1846
16 more not listed; retrieve them via the Exa API.