Legal Opinion

Beard v. Beard

West Virginia Supreme Court

Decided September 22, 1883PublishedCited by 16 opinions

Q-reeN, Judge, furnishes the following statement of the case: In June, 1881, John G. Beard and Elizabeth J. Beard, his wife, Thomas C. Blair, Doctor F. Blair, J. C. Blair, Wm. M. Blair, Wm. Hill and'Mariam J. Hill, his wife, Shannon Clutter, Wm. Clutter and Enos Clutter filed their bill in the circuit court of Greenbrier county against Abram M. Beard and William L. McNeal.

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Q-reeN, Judge, furnishes the following statement of the case: In June, 1881, John G. Beard and Elizabeth J. Beard, his wife, Thomas C. Blair, Doctor F. Blair, J. C. Blair, Wm. M. Blair, Wm. Hill and'Mariam J. Hill, his wife, Shannon Clutter, Wm. Clutter and Enos Clutter filed their bill in the circuit court of Greenbrier county against Abram M. Beard and William L. McNeal. The bill alleged, that Mrs. Martha A. Beard died in May, 1879, intestate and without issue, leaving her husband, Abram M. Beard, to survive her, who qualified as her administrator on June 2,1879, his co-defendant, Wm. L.…

1Opinion of the Court

GreeN, Judge:

The important and controlling question in this case is': Was Abram M. Beard as the survivor of his wife Martha A. Beard and as her administrator entitled to the whole of her personal estate after the payment of her debts, or was he bound to account therefor to her next of kin, her brothers; sisters a,nd nephews, as her distributees? This must depend upon the construction given to the marriage-settlement made and entered into between Abram M. Beard and Martha A. Clark, formerly Blair, at the time of their marriage dated May 7,1878, a copy of which has been given at length in the…

2Cases cited3 opinions

  1. Pickett v. ChiltonSupreme Court of Virginia · 1817
  2. Mitchell v. MooreSupreme Court of Virginia · 1861
  3. Winkler v. Winkler's Ex'rWest Virginia Supreme Court · 1881

3Cited by16 opinions

  1. McNutt v. McNuttIndiana Supreme Court · 1888
  2. Gant v. GantWest Virginia Supreme Court · 1985
  3. Merritt v. HughesWest Virginia Supreme Court · 1892
  4. Girard v. GirardNew Mexico Supreme Court · 1923
  5. Hinkle v. HinkleWest Virginia Supreme Court · 1890

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