Pratt v. Bowman
West Virginia Supreme Court
cited 8 W. Va. 406; Id. 437-440; 1 Loin. Ex’rs. 218, 219; Id. 367 ; 2 Lew. Trusts 562; 1 Sug. Vend. 74; 4 Kent Com. 325 (note b.); 3 Wait Ac. & Def. 261; 1 Sug. Pow. 77 ; 19 W. Va. 521; 21 W. Va.Tl, 12; 28 Gratt. 233 ; 26 Am. Dec. 166. A. — Cases in which the Court held that certain pleadings loere no part of the record. — 25 W. Va. 108; 26 W. Va. 710; 29 W. Va. 659. B. — Definition of word “Pleading.” — Sto. Eq.
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cited 8 W. Va. 406; Id. 437-440; 1 Loin. Ex’rs. 218, 219; Id. 367 ; 2 Lew. Trusts 562; 1 Sug. Vend. 74; 4 Kent Com. 325 (note b.); 3 Wait Ac. & Def. 261; 1 Sug. Pow. 77 ; 19 W. Va. 521; 21 W. Va.Tl, 12; 28 Gratt. 233 ; 26 Am. Dec. 166. A. — Cases in which the Court held that certain pleadings loere no part of the record. — 25 W. Va. 108; 26 W. Va. 710; 29 W. Va. 659. B. — Definition of word “Pleading.” — Sto. Eq. PL § 4 and note 1; Steph.Pl. 1. C. — Doctrine relative to proceeds of land devised to be sold. — 1 Jar. Wills (s. p.) 524; 1 Will. Ex. (b. p.) 158 (6th Am. Ed.). D. — Mistake in…
1Opinion of the Court
Bent, Judge:
David Wheeler in his last will and testament appointed John W. Guseman and John D. Hall, his executors, and gave them full power to sell and convey his realty, either' at public or private sale, as they should think best for all parties concerned, and either as a whole or in divided portions. Afterwards by a codocil to his will he appointed his wife, Elizabeth Wheeler, executrix instead of John D. Hall to assist John W. Guseman to execute his will. His property after payment of debts he bequeathed and devised to his wife and children. . On the 27th day of January, 1880, said will…
2Cases cited3 opinions
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Anderson v. SnyderWest Virginia Supreme Court · 1883
3Cited by18 opinions
- Newman v. KayWest Virginia Supreme Court · 1905
- Bigham v. MadisonTennessee Supreme Court · 1899
- Rathke v. TylerSupreme Court of Iowa · 1907
- Burke v. SmithSupreme Court of Oklahoma · 1916
- Castleman's Adm'r v. CastlemanWest Virginia Supreme Court · 1910
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