Irwin v. Zane
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ohio, rendered on the 10th day of August, 1878, in a cause in said court then pending, wherein Isaac Irwin, trustee for Daniel F. Zane, and Daniel F. Zane were plaintiffs, and C. Leander Zane and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin-, judge of the first judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Ohio, rendered on the 10th day of August, 1878, in a cause in said court then pending, wherein Isaac Irwin, trustee for Daniel F. Zane, and Daniel F. Zane were plaintiffs, and C. Leander Zane and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin-, judge of the first judicial circuit, rendered the decree appealed from. JóHNSON, Judge, furnishes the following statement of the case : " . At the March rules, 1878, of the circuit court of Ohio county, the plaintiffs filed their bill…
1Opinion of the Court
JOHNSON, Judoe,
delivered the opinion of the Court.-
The question presented is: Should the demurrer to the bill have been ¡sustained? The principal question raised by the said demurrer is: Did the reversion in the tract of land/ *651in -which a life-estate was devised by the will in the third clause thereof, pass to the said residuary legatee, Indiana McSwords ? This is one of those cases involving the construction oía will, where much light might be obtained from a knowledge of the circumstances surrounding the testator at the time the will was executed. The principle was recognized by this Court…
2Cases cited2 opinions
- Haas v. GaddisWashington Supreme Court · 1890
- Magers v. EdwardWest Virginia Supreme Court · 1878
3Cited by14 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Bartlett v. PattonWest Virginia Supreme Court · 1889
- Graham v. GrahamWest Virginia Supreme Court · 1883
- Cranmer v. McSwordsWest Virginia Supreme Court · 1884
- Higgins v. DwenIllinois Supreme Court · 1881
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