Legal Opinion

Brown v. Miller's Executors

West Virginia Supreme Court

Decided November 19, 1898PublishedCited by 10 opinions

Appeal from Circuit Court, Marshall County. Bill by John W. Brown and Mary J. Brown against Henry Miller’s executors and others. Decree for defendants, and plaintiffs appeal.

1Opinion of the Court

Brannon, President:

Miller by his will devised a tract of land to his wife for life, and directed that at her death it be sold and its proceeds divided among his children. A daughter, Mary J. Brown, owning her tenth and a share which she had purchased of another child, and her husband, who had purchased interests, so that they owned one half, filed their bill asking that the tract be partitioned in kind, and not sold as directed by the will, and stated that two sons of *212the testator, who were executors, refused to allow a partition, and were going- to sell the land, and prayed that they be…

2Cited by10 opinions

  1. Ward v. BrownWest Virginia Supreme Court · 1903
  2. Peters v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1937
  3. Walling v. ScottIndiana Court of Appeals · 1911
  4. West Virginia Pulp & Paper Co. v. MillerCourt of Appeals for the Fourth Circuit · 1909
  5. John v. TurnerWest Virginia Supreme Court · 1939

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