Oney v. Ferguson
West Virginia Supreme Court
I.— The bill is not multifarious.—1 Barton’s Equity, 253-256. II.—Jurisdiction as to Peebles, executor.—1 Bob. Prac. 179 192; 1 Bart. Eq. 153; 11 Leigh, 1; 14 Gratt. 209; 11 Gratt. 792; Lomax, Ex. Vol. 1, 242-555; 56 Gratt. 326; Pom. Eq. 278; 2 Wheat. 373; 5 Lea, 353; 10 Lea, 392; 5 Wall. 433. III.— The tenant who rents by the month should not be a party. —1 Bart.
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I.— The bill is not multifarious.—1 Barton’s Equity, 253-256. II.—Jurisdiction as to Peebles, executor.—1 Bob. Prac. 179 192; 1 Bart. Eq. 153; 11 Leigh, 1; 14 Gratt. 209; 11 Gratt. 792; Lomax, Ex. Vol. 1, 242-555; 56 Gratt. 326; Pom. Eq. 278; 2 Wheat. 373; 5 Lea, 353; 10 Lea, 392; 5 Wall. 433. III.— The tenant who rents by the month should not be a party. —1 Bart. Chy. and authorities in note 6. IV.— That a married woman could bind her estate in 1892.— Code of 1891, chapter 66, section 12; Acts of 1893, passed February, 1893. V.— That equity has jurisdiction and that there is no remedy at…
1Opinion of the Court
Brannon, Judge:
Baehel R. Hamilton, of Ohio, by her will directed its executor to purchase and furnish a home for Elizabeth J. Ferguson during her life, and also directed said executor to invest five thousand dollars, to be held in trust for *570Elizabeth J. Ferguson, and apply its net income to the payment of taxes and repairs of the property to be so purchased. Robert Peebles, the executor, who qualified in Ohio, under a probate of the will in that state, under the directions of the will purchased a house and lot in Huntington, W. Va., taking the deed in his name as executor. He also invested…
2Cases cited5 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Crumlish's Adm'r v. Shenandoah Val. R.West Virginia Supreme Court · 1895
- Conway v. SmithWisconsin Supreme Court · 1860
- Williamson v. ClineWest Virginia Supreme Court · 1895
- Powell v. StrattonSupreme Court of Virginia · 1854
3Cited by11 opinions
- Rybolt v. JarrettCourt of Appeals for the Fourth Circuit · 1940
- Johnson v. SangerWest Virginia Supreme Court · 1901
- Bracken v. RosenthalU.S. Circuit Court for the Northern District of Illnois · 1907
- Moyer v. MartinWest Virginia Supreme Court · 1926
- Wirgman v. Provident Life & Trust Co.West Virginia Supreme Court · 1917
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