Legal Opinion

Hart v. Darter

Supreme Court of Virginia

Decided September 12, 1907PublishedCited by 10 opinions

Appeal from a decree in chancery of the Circuit Court of Scott county. From a decree dismissing the bill, the complainants appeal.

1Opinion of the CourtBuchanan, J.

In the year 1882, the will of Eyre Hart, deceased, was admitted to probate. The object of this suit, which was instituted by certain of the devisees under the sixth clause of the will, was to have that clause, which is as follows, construed:

“I will all my lands to my 6 living children, Elizabeth Hobbs *311has received her full potion of all I possess, my living children W. H. Hart, B. F. Hart, M. Doniho, M. S. Darter, J. B. HelIon, Virginia Hart, and if one sells, sell it to one of six, and if one dies with esue, its part shall go to the other children.”

The trial court, upon a hearing of the…

2Cases cited4 opinions

  1. Chipman v. . MontgomeryNew York Court of Appeals · 1875
  2. Bowers v. SmithNew York Court of Chancery · 1843
  3. Snyder v. GrandstaffSupreme Court of Virginia · 1898
  4. Nelson's adm'r v. CornwellSupreme Court of Virginia · 1854

3Cited by10 opinions

  1. Murphy v. McBrideSupreme Court of Delaware · 1925
  2. Hanna v. PrewittCourt of Appeals of Kentucky · 1913
  3. Harris v. WyattSupreme Court of Virginia · 1912
  4. Howell v. WilsonSupreme Court of Georgia · 1912
  5. Surry Lumber Co. v. WellonsSupreme Court of Virginia · 1921

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