Legal Opinion

Graham v. Graham

West Virginia Supreme Court

Decided January 15, 1870PublishedCited by 4 opinions

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…

1Opinion of the Court

Brown, Fresident.

In the construction of a will the first object is to ascertain the intention of the testator, for what he intended is to control, it is in fact the soul of the will; but it is to be drawn from the will, the whole will taken together, and not from an isolated clause. Kennon vs. McRobert, 1 Wash., 96; Reno’s Ex’or vs. Davis, 4 H. & M., 283; and Land vs. Atley, 4 Rand., 213. Looking then, to the will before ns, it is manifest from its various provisions taken together, and from the whole scheme of the will, that it was the intention of the testator to give to his daughter…

2Cases cited3 opinions

  1. Haas v. GaddisWashington Supreme Court · 1890
  2. Merrymans v. MerrymanSupreme Court of Virginia · 1817
  3. Land v. OtleyCourt of Appeals of Virginia · 1826

3Cited by4 opinions

  1. Maddy v. MaddyWest Virginia Supreme Court · 1921
  2. Martin v. MartinWest Virginia Supreme Court · 1903
  3. Wills v. FoltzWest Virginia Supreme Court · 1907
  4. First Huntington National Bank v. ColvinWest Virginia Supreme Court · 1933

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