Legal Opinion

Tomlinson v. Nickell

West Virginia Supreme Court

Decided April 19, 1884PublishedCited by 19 opinions

Geeen, Judge,furnislies tliefollowing statement of tlie case: At February rales, 1883, in tlie circuit court of Monroe county the following declaration in ejectment was tiled : “State oe West Virginia, “Circuit Court oe Monroe County to-wit : “Mary E. Tomlinson, James A. Tomlinson, William II. Tomlinson, John A. Tomlinson, Joseph II.

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Geeen, Judge,furnislies tliefollowing statement of tlie case: At February rales, 1883, in tlie circuit court of Monroe county the following declaration in ejectment was tiled : “State oe West Virginia, “Circuit Court oe Monroe County to-wit : “Mary E. Tomlinson, James A. Tomlinson, William II. Tomlinson, John A. Tomlinson, Joseph II. Tomlinson, Alwilda Tomlinson, Mattie J. Tomlinson, Joseph Tomlin-son, Catharine Tomlinson and Cora B. Tomlinson, the two last of whom are iufants and who sue by David Tomlinson, their next friend, Angeline Stile, Eliza S. Upton, William Leach, John A. Leach, Mary…

1Opinion of the Court

Green, Judge:

The question involved in this case is the true interpretation of the following clause in the will of William Dunsmore of Monroe county: “ All the remainder of my land, including my wife’s third I give to my son Jacob W. Dunsmore — my wife’s third after her death. If my son Jacob Dunsmore should die without having heirs, he. shall divide the land between *157his sister’s heirs as he may think proper.” To whom does this land devised to Jacob H. Dunsmore now belong upon the facts agreed in this ease? First, what was the estate, which under this clauss Jacob H. Dunsmore took in the land…

2Cases cited3 opinions

  1. Campbell v. . RawdonNew York Court of Appeals · 1858
  2. Milhollen v. RiceWest Virginia Supreme Court · 1878
  3. Coville & Garber v. GilmanWest Virginia Supreme Court · 1878

3Cited by19 opinions

  1. Irvin v. StoverWest Virginia Supreme Court · 1910
  2. Hull's Adm'r v. Hull's HeirsWest Virginia Supreme Court · 1891
  3. Sheffield v. CookeSupreme Court of Rhode Island · 1916
  4. Cowherd v. FlemingWest Virginia Supreme Court · 1919
  5. Dunshee v. DunsheeIllinois Supreme Court · 1911

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