Davies v. Miller
Court of Appeals of Virginia
In a writ of right brought by Davies the demandant, against Miller and others, tenants, the ease on a bill of exceptions to the Court’s opinion, appeared to be as follows: John Miller being seised of the lands in fee, made his last will and testament in writing, dated the 21st of February, 1742, and admitted to record the next 'month; which, so far as concerns the present case, was as follows: “ I John Miller being weak, &c. do make my will, and dispose of my estate in…
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In a writ of right brought by Davies the demandant, against Miller and others, tenants, the ease on a bill of exceptions to the Court’s opinion, appeared to be as follows: John Miller being seised of the lands in fee, made his last will and testament in writing, dated the 21st of February, 1742, and admitted to record the next 'month; which, so far as concerns the present case, was as follows: “ I John Miller being weak, &c. do make my will, and dispose of my estate in manner following. ” Tiien after directing that his body should be buried at the discretion of his executors, he proceeds…
1Opinion of the Court
PENDLETON, President.
This is an appeal from the District Court of King and Queen, where, in a writ of right, the mise was joined on the mere right; and a jury were sworn and charged to decide it.
The demandant filed a bill of exceptions, stating the title of both parties to be derived from John Miller, who died seised, in 1742: the demandant claiming under Christopher. his grandson, and heir at law, the tenants under Christopher his son, to whom the testator devised it by his will.
By the strict wording of the opinion, it would seem as if it was founded on the statute, requiring, as the Court…
2Cited by8 opinions
- Beall's Lessee v. HolmesCourt of Appeals of Maryland · 1824
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
- Watson v. PowellCourt of Appeals of Virginia · 1802
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