Legal Opinion

Senger v. Senger's Ex'or

Supreme Court of Virginia

Decided January 14, 1886PublishedCited by 21 opinions

Appeal from decrees of circuit court of Rockingham county, rendered October 17, 1884, and April 13, 1885, respectively, in the chancery cause of Daniel Senger’s Executor against Senger’s widow and heirs. Argued at Staunton, but decided at Richmond.

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Appeal from decrees of circuit court of Rockingham county, rendered October 17, 1884, and April 13, 1885, respectively, in the chancery cause of Daniel Senger’s Executor against Senger’s widow and heirs. Argued at Staunton, but decided at Richmond. The object of this suit was to have a judicial construction of the will, and'a settlement of the estate of the testator, Daniel Senger, who died in 1882. The will made provision for his widow in lieu of dower, and was admitted to probate in the county court of said county at the August term, 1882. The widow renounced the will. The circuit court…

1Opinion of the CourtRichardson, J.

The will of Daniel Senger, deceased, contains really but one clause, there being no formal division into separate and distinct clauses, as is usually the case. The provisions thereof out of which this controversy arose are as follows:

“It is my will and desire that all of my estate be equally divided between the children of my deceased son, Joseph Senger, and the children of my daughter, Elizabeth R. Showalter, taking into consideration what I have already given them.”

The testator then says: “And as I have given my daughter, Elizabeth Showalter, two thousand dollars, in land, it is my will…

2Cases cited8 opinions

  1. Andrews v. King CountyWashington Supreme Court · 1890
  2. Burke v. Lee & WifeSupreme Court of Virginia · 1882
  3. Hawkins v. Garland's Adm'rSupreme Court of Virginia · 1882
  4. Brewer et ux. v. OpieCourt of Appeals of Virginia · 1798
  5. Barksdale v. WhiteSupreme Court of Virginia · 1877

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3Cited by21 opinions

  1. Farmers & Merchants Bank of Keyser v. Farmers & Merchants Bank of KeyserWest Virginia Supreme Court · 1975
  2. Hobbs v. BrennemanWest Virginia Supreme Court · 1923
  3. Neblett v. SmithSupreme Court of Virginia · 1925
  4. Gilmore v. JenkinsSupreme Court of Iowa · 1906
  5. Phillips v. FergusonSupreme Court of Virginia · 1888

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