Legal Opinion

Reid v. Stuart

West Virginia Supreme Court

Decided May 7, 1878Published

Appeals from two decrees of the circuit court of Green-brier county, one rendered on the 27th day of April, 1871, in a cause in s.aid court then pending, in -which William B. Reid and Elizabeth A. Reid, his wife, and ' John Stuart tfustee, were plaintiffs, and William R. Stuart and others were defendants, the other rendered on the 16th day of June, 1876, in a cause in which A. L. Ellett & Co. were plaintiffs and William B. Reid and others were defendants, both appeals…

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Appeals from two decrees of the circuit court of Green-brier county, one rendered on the 27th day of April, 1871, in a cause in s.aid court then pending, in -which William B. Reid and Elizabeth A. Reid, his wife, and ' John Stuart tfustee, were plaintiffs, and William R. Stuart and others were defendants, the other rendered on the 16th day of June, 1876, in a cause in which A. L. Ellett & Co. were plaintiffs and William B. Reid and others were defendants, both appeals granted on the petition of John and Wm. R. Stuart and others. J. M. McWhorter Esq., as special judge, presided at the trial of…

1Opinion of the Court

Green, President,

delivered the opinion of Court :

Mrs. Elizabeth Stuart, by her will, gave to her daughter, Elizabeth A. Reid, certain lands in fee simple, then *346by a codicil in 1859, she gave these lands to her and her husband, William B. Reid, jointly, her interest to be held by her brother, John Stuart, as trustee, for her separate use, for her and her heirs forever, and his interest to be held by him for life, remainder to her (Elizabeth A. Reid’s) heirs forever.

The question submitted to us by these appeals is: What is the construction of this codicil V

It is obvious, that this codicil…

2Cases cited5 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Campbell v. . RawdonNew York Court of Appeals · 1858
  3. Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Morton v. BarrettSupreme Judicial Court of Maine · 1843
  5. Brooklyn Union Gas Co. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1976

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