Griffith v. Griffith's Executors
General Court of Virginia
Action of replevin, removed by certiorari from Harfe rd comity court. The, case stated for. the opinion of the court, admitted ihe.t Samnd Griffith, on the 12th of Jaim raw 1794, made and published in writing, his last will and testament, agreeably to law, containing amongst others, the following devise: «Fourthly.
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Action of replevin, removed by certiorari from Harfe rd comity court. The, case stated for. the opinion of the court, admitted ihe.t Samnd Griffith, on the 12th of Jaim raw 1794, made and published in writing, his last will and testament, agreeably to law, containing amongst others, the following devise: «Fourthly. I desire my wife Martha Griffith, should have the use and benefit of my farm on Swan Creek during her widowhood; provided she claims ho thirds of my land in Rumney Neck, and that she commits no waste of timber, which will be left to the discre-' tion of my executors and trustees…
1Opinion of the Court
Chase J.
I consider the acts' of assembly of 1704, 1715, & 1729, as a clear ami explicit recognition of the right of the wife to one third part of the personal estate; and I consider these successive acts of the legislature, and the uniform practice conformable thereto, as the best evidence of what was the common law in the opinion and judgment of the legislature and the citizens of Maryland. . Suppose it questionable, and not well settled in England, the acts of the legislature, and the practice here, prove, beyond a doubt, that it was the general opinion the wife was entitled to a third part…
2Cited by7 opinions
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- Hokamp v. HagamanCourt of Appeals of Maryland · 1872
- Marriott v. MarriottCourt of Appeals of Maryland · 1939
- Pacholder v. RosenheimCourt of Appeals of Maryland · 1916
- Karsenty v. SchoukrounCourt of Appeals of Maryland · 2008
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