Liston v. Jenkins
West Virginia Supreme Court
At tbe June term, 1835, of tlie county court of Preston county, tlie will of John Jenkins was proven and admitted to record. It contained tlie following clause, among others,- and which gave rise to this suit: “ Thirdly.
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At tbe June term, 1835, of tlie county court of Preston county, tlie will of John Jenkins was proven and admitted to record. It contained tlie following clause, among others,- and which gave rise to this suit: “ Thirdly. The lands which I now live on, exclusive of that which I have bequeathed to my son, Jonathan Jenkins, I give and bequeath to John, my son-in-law, and JMoecca Smith, my daughter, after my wife’s decease, fully to be possessed and enjoyed by them during their natural lives, and after their decease, the said land to fall to their son, John Jenkins Smith, and in case of his…
1Opinion of the Court
Brown, President.
This is a supersedeas to a judgment of the circuit court of Preston county.
The action Avas ejectment by the plaintiffs in error Avho claimed as devisees under the will of John Jenkins, against the defendants in error, aaJio held under a deed from John Smith and Rebecca, his wife, and John Jenkins Smith, and Clarissa, his Avifc, also claiming as devisees under the same Avill of John Jenkins.
The third clause of AA’hich Avill is as folloAvs, viz. “ Thirdfy, The lauds Avhich I uoav live on, exclusive of that which I have bequeathed to my son, Jonathan Jenkins, I give and bequeath…
2Cited by9 opinions
- Weiss v. SotoWest Virginia Supreme Court · 1957
- Weiss v. SotoWest Virginia Supreme Court · 1957
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Neal v. Hamilton Co.West Virginia Supreme Court · 1912
- Cresap v. CresapWest Virginia Supreme Court · 1890
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