Legal Opinion · Dissent

Ball v. Ball

West Virginia Supreme Court

Decided February 12, 1952No. 10434Published

1DissentLovnsrs, Judge

I respectfully dissent from the opinion of the Court. My reasons for such dissent center around the third point *867of the syllabus wherein it is held that the portion of the will disposing of the major portion of testator’s property operated to vest the trustee with title to such property. In my view, the will makes no disposition of testator’s property, except his household goods and tools, which were bequeathed to John Ball, Jr., and his wife. The fourth, fifth, and sixth points of the syllabus, if my conclusion is correct, have no place in the opinion. I think the seventh point of the…

2Cases cited17 opinions

  1. Bartlett v. PattonWest Virginia Supreme Court · 1889
  2. Graham v. GrahamWest Virginia Supreme Court · 1883
  3. Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
  4. Milhollen v. RiceWest Virginia Supreme Court · 1878
  5. Coles' Heirs v. JamersonSupreme Court of Virginia · 1911

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