Legal Opinion

Harris v. Wyatt

Supreme Court of Virginia

Decided March 14, 1912PublishedCited by 6 opinions

Appeal from a decree of the Circuit Court of Loudoun county, upon a bill filed by the executor of Charles Harris. Decree for the complainants. Defendants appeal.

1Opinion of the CourtBuchanan, J.

While there are averments in the bill filed in this cause which would not be inappropriate in a bill filed under section 2544 of the Code, either to establish or impeach the writing filed with it as the last will and testament of Charles Harris, deceased, it is clear from the whole bill that it was not filed under that section *256of the Code. It was not filed by “a person interested” in the decedent’s estate. It sought for the construction of the writing filed therewith, which it alleged had been admitted to probate, and sought other relief, none of which could have been granted upon a bill…

2Cases cited4 opinions

  1. Throckmorton v. HoltSupreme Court of the United States · 1901
  2. Malone's adm'r v. HobbsSupreme Court of Virginia · 1842
  3. Thomas v. ThomasSupreme Court of Minnesota · 1899
  4. Hart v. DarterSupreme Court of Virginia · 1907

3Cited by6 opinions

  1. Triplett's v. TriplettSupreme Court of Virginia · 1934
  2. In re the Probate of the Will of TraversiNew York Surrogate's Court · 1946
  3. Conrad v. CarterSupreme Court of Virginia · 1982
  4. Etgen v. CorboySupreme Court of Virginia · 1985
  5. In re Establish the Will of TerryHenrico County Circuit Court · 1982

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