Graham v. Graham
West Virginia Supreme Court
This was a suit brought by bill in chancery, in the circuit court of Monroe, filed at November rules, 1859. The bill alleged that James Graham made his will in 1812-, and having died shortly thereafter, it was duly admitted to probate in Monroe county. That among other devises and bequests was the following: “I give unto my daughter Mebeekah “ Graham and her children that plantation where she now “lives, known by the name of Stephenson’s cabin.
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This was a suit brought by bill in chancery, in the circuit court of Monroe, filed at November rules, 1859. The bill alleged that James Graham made his will in 1812-, and having died shortly thereafter, it was duly admitted to probate in Monroe county. That among other devises and bequests was the following: “I give unto my daughter Mebeekah “ Graham and her children that plantation where she now “lives, known by the name of Stephenson’s cabin. Also I “give unto her and her children my negro girl named “Dinah, the land and the negro never to be disposed of “out of the family, nor the increase…
1Dissent
Maxwell, J.,
dissentiente. The intention of the testator is to give the rule of construction. If the testator use legal phrases, his intention should be construed by legal rules. If he use words that are common, his intentions, according to the common understanding of the Words he uses, should be the rule.
The words which we are called on to construe are, “I “give unto my daughter JRebeekah Graham and her children “ that plantation where she now lives, known by the name “of Stephenson’s cabin.” These words are a part of a certain paragraph in the will, but of themselves constitute a complete…
2Cases cited1 opinion
- Merrymans v. MerrymanSupreme Court of Virginia · 1817