Legal Opinion

Fugate v. Moore

Supreme Court of Virginia

Decided September 17, 1890PublishedCited by 24 opinions

Argued at Wytheville. Decided at Staunton. Appeal from decree of circuit court of Lee county rendered dune 21, 1887, in a suit wherein Nathan IT. Moore and others were complainants and the appellant, Peter P. Fugate, executor of M. B. Overton, deceased, was the defendant.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

The testator, at his death in 1§80, was domiciled in Tennessee, and there the will was proved and the executor qualified. *1046jSTo administration upon the estate has ever been granted in'Virginia. The legacy sued for is claimed under the second clause of the will, which is as follows:

“2d. I give and bequeath to Martha J. Combs, daughter of Virginia A. Combs, deceased, five hundred dollars out of the G. 33. Short debt, when collected and put at interest, including-the amount due her in my hands from the estate of Virginia A. Combs, deceased; and if the…

2Cases cited4 opinions

  1. Vaughan v. NorthupSupreme Court of the United States · 1841
  2. Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
  3. Doolittle v. LewisNew York Court of Chancery · 1823
  4. Matthews v. JenkinsSupreme Court of Virginia · 1885

3Cited by24 opinions

  1. Wackwitz v. RoySupreme Court of Virginia · 1992
  2. Sylvania Industrial Corporation v. Lilienfeld's EstateCourt of Appeals for the Fourth Circuit · 1943
  3. McDaniel v. North Carolina Pulp Co.Supreme Court of Virginia · 1956
  4. Anthes v. AnthesIdaho Supreme Court · 1912
  5. Harmon v. SadjadiSupreme Court of Virginia · 2007

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