Legal Opinion

Toothman v. Barrett

West Virginia Supreme Court

Decided November 30, 1878PublishedCited by 6 opinions

Appeal from, and siípersedeas to a decree of the circuit court of Wood county, rendered on the 13th day of October, 1877, in a cause in said court then pending, wherein Thornton F. Toothman and others were plaintiffs, and Samuel Barrett and others were defendants, granted on the petition of Thornton F. Toothman, Sallio Toothman, Benjamin "Walker Jr. and Matilda Walker. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

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Appeal from, and siípersedeas to a decree of the circuit court of Wood county, rendered on the 13th day of October, 1877, in a cause in said court then pending, wherein Thornton F. Toothman and others were plaintiffs, and Samuel Barrett and others were defendants, granted on the petition of Thornton F. Toothman, Sallio Toothman, Benjamin "Walker Jr. and Matilda Walker. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case. Samuel Barrett died in 1838 leaving a will; of which the…

1Opinion of the Court

GeeeN, PbesideNt,

delivered the opinion of the Court:

The only question of controversy in this case is the true construction of the will of Samuel Barrett. The appellants contended, that by the second clause of this ■will a life estate is given to the testator’s daughter, *308Elizabeth Barrett, and by the third clause of this will a 'contingent remainder was given to the testator’s son, Jefferson Barrett, in fee charged with the payment of certain legacies, provided he survived the life-tenant, Elizabeth Barrett, and provided he was of ability to pay these legacies after her death as directed by…

2Cases cited2 opinions

  1. Brewer et ux. v. OpieCourt of Appeals of Virginia · 1798
  2. Raney v. HeathCourt of Appeals of Virginia · 1856

3Cited by6 opinions

  1. Rutland v. EmanuelSupreme Court of Alabama · 1918
  2. Hinton v. Milburn's Ex'rsWest Virginia Supreme Court · 1883
  3. Lancaster County Bank v. MarshelNebraska Supreme Court · 1936
  4. Schaeffer v. SchaefferWest Virginia Supreme Court · 1903
  5. Page v. RoussWest Virginia Supreme Court · 1920

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