Statham v. Ferguson's Adm'r
Supreme Court of Virginia
Thomas Rerguson, an old citizen of Rynchburg, died on the 8th day of Januar}' 1870. He left a widow about sixty-five years old, and two daughters-, and the children of a deceased son, some of whom were of age,,and others were minors. One of his daughters was married to C. W. Statham, and the other to John Otey Taylor. One of his granddaughters was married to Reroy S. Edwards, and another, Relia S., was single at his death, but soon afterwards married Thomas R. Statham.
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Thomas Rerguson, an old citizen of Rynchburg, died on the 8th day of Januar}' 1870. He left a widow about sixty-five years old, and two daughters-, and the children of a deceased son, some of whom were of age,,and others were minors. One of his daughters was married to C. W. Statham, and the other to John Otey Taylor. One of his granddaughters was married to Reroy S. Edwards, and another, Relia S., was single at his death, but soon afterwards married Thomas R. Statham. These were children by a former marriage. He left a paper intended to be his will. It was ascertained, however, that though…
1Opinion of the Court
MONCURE, P.
delivered the opinion of the court.
Before we consider the merits of this case we will have to dispose of two or three preliminary questions which lie in our way; as,
1st. Whether Mrs. Mary Ann Rerguson, the plaintiff in the suit, was a competent witness to testify therein?
She had a deep and direct interest in the result of the suit, and would undoubtedly have been an incompetent witness therein at common law. If she was competent when she testified it could only have been by reason of the statute contained in the Code, ch. 172, sections 21 and 22, pp. 1109 and 1110. Section *21, among…
2Cases cited2 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- Macondray v. WardleNew York Supreme Court · 1858
3Cited by21 opinions
- Thomas v. Turner's Adm'rSupreme Court of Virginia · 1890
- Banner v. RosserSupreme Court of Virginia · 1898
- McDevitt v. FrantzSupreme Court of Virginia · 1889
- Taylor v. McDonaldSupreme Court of Virginia · 1902
- Jennings v. ShacklettSupreme Court of Virginia · 1878
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