Legal Opinion

McCune v. House & Litch

Ohio Supreme Court

Decided December 15, 1837PublishedCited by 6 opinions

This case was reserved in Gallia county. It was an issue, out of chancery, to try the validity of a nuncupative will. The agreed case shows that David McCune, while domiciled in the island of Jamaica, made a written will there, by which he disposed of his entire estate, both-real and personal.

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This case was reserved in Gallia county. It was an issue, out of chancery, to try the validity of a nuncupative will. The agreed case shows that David McCune, while domiciled in the island of Jamaica, made a written will there, by which he disposed of his entire estate, both-real and personal. That he afterward emigrated to the United States, acquired a domicile in the town of Gallipolis, Ohio, and there made a nuncupative will, disposing of a part of the property which he had before bequeathed by the written will. The complainants claim under the written will; the defendants, under the…

1Opinion of the CourtGrimke, J.

■ The proposition which is submitted to the consideration of the *146court, is whether a written will can be revoked by a subsequent nuncupative one. But as we have power to decide only cases and not questions, we must decide, not whether a will, but whether the will made in the island of Jamaica was revoked by Uio will executed at G-allipolis. And this form of stating and determining the proposition will not deprive the parties of any right to which they would otherwise be entitled. The written will makes a disposition of the whole estate of the testator, and if the verbal will is legal, it will…

2Cited by6 opinions

  1. Williams v. MilesNebraska Supreme Court · 1903
  2. Grattan v. Bethel CollegeSupreme Court of Kansas · 1943
  3. Howard v. ReynoldsOhio Supreme Court · 1972
  4. Limbach v. LimbachAppellate Court of Illinois · 1919
  5. Sutterlin v. RussellArizona Supreme Court · 1940

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