Legal Opinion

Perkins v. Pfalzgraff

West Virginia Supreme Court

Decided April 10, 1906PublishedCited by 12 opinions

Appeal from Circuit Court, Wood County. Suit by Elma Perkins and others against Lewis Pfalzgraff and others. From a decree for plaintiff, defendants appeal.

1Opinion of the Court

McWhorter, President:

Henry J. Fisher died in 1883, leaving a will devising and bequeathing his whole estate, real, personal and mixed, wherever situated, to Charles E. Hogg and L. F. Campbell in trust for the uses and purposes named in the will,, providing therein for a small support for his son Henry J. Fisher who was his only heir-at-law. The 3rd clause of his will is as follows:

“Third. And in case my said son shall die without lawful issue, I desire that his widow be comfortably supported out of my estate, during widowhood, and the residue of my estate, that is not required for a…

2Cases cited4 opinions

  1. Elwell v. FosdickSupreme Court of the United States · 1890
  2. Keck v. AllenderWest Virginia Supreme Court · 1892
  3. Heirs of Ludlow v. Kidd's ExecutorsOhio Supreme Court · 1828
  4. Rector v. FitzgeraldCourt of Appeals for the Eighth Circuit · 1894

3Cited by12 opinions

  1. Simmons v. SimmonsWest Virginia Supreme Court · 1919
  2. Chapman v. BranchWest Virginia Supreme Court · 1913
  3. Vaughn v. BrueSupreme Court of Alabama · 1943
  4. West Virginia Pulp & Paper Co. v. CooperWest Virginia Supreme Court · 1921
  5. State v. MooreWest Virginia Supreme Court · 1915

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