Legal Opinion

Douglas v. Feay

West Virginia Supreme Court

Decided January 15, 1864PublishedCited by 10 opinions

Iliujh Stewart of Marshall county executed Ms last will and testament on tlie 8th day of February, 1858, in wliicb bo devised to his daughter Mary Ann and her husband William Douglas, a certain tract of .land in Marshall county containing ninety-nine acres and sixty-three poles, and in consideration of its being more valuable than any other share of his estate, subject among* others, to the following-charge, i. e.: “I devise that my wife Sarah Stewart live with my said…

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Iliujh Stewart of Marshall county executed Ms last will and testament on tlie 8th day of February, 1858, in wliicb bo devised to his daughter Mary Ann and her husband William Douglas, a certain tract of .land in Marshall county containing ninety-nine acres and sixty-three poles, and in consideration of its being more valuable than any other share of his estate, subject among* others, to the following-charge, i. e.: “I devise that my wife Sarah Stewart live with my said daughter Mary Ann Douglas and William Douglas her husband, eating as they eat, sleeping as they sleep, and wearing apparel as…

1Opinion of the Court

.’Berkshire, President,

delivered the opinion of the court.

The controversy in this case, arises under the will of the late Hugh Stewart, of Marshall county, and involves the proper construction of the same.

This will bears date on the 8th of February, 1853, and, it appears from the bill that the testator died about the month of March following. It also appears that the will was duly admitted to probate in the county court of Marshall county, at its March term, 1853, shortly after the death of the testator. That at the same term of the court, on the motion of William Douglas, one of the…

2Cited by10 opinions

  1. Powers v. TrentWest Virginia Supreme Court · 1946
  2. Cunningham v. CunninghamWest Virginia Supreme Court · 1888
  3. Fleming v. DentWest Virginia Supreme Court · 1938
  4. Shuman v. ShumanWest Virginia Supreme Court · 1876
  5. Jacobs v. JacobsWest Virginia Supreme Court · 1926

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