Zirkle v. McCue
Supreme Court of Virginia
In March 1863 Ellen S. McCue instituted a suit in equity in the Circuit court of Augusta county, and in her bill she set out that she was the widow of John McCue, deceased, who departed this life in April 1862, seized and possessed of a tract of land of seven hundred and eigty-nine acres, estimated to be worth $90 per acre, and also of a number of slaves and other valuable personal property.
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In March 1863 Ellen S. McCue instituted a suit in equity in the Circuit court of Augusta county, and in her bill she set out that she was the widow of John McCue, deceased, who departed this life in April 1862, seized and possessed of a tract of land of seven hundred and eigty-nine acres, estimated to be worth $90 per acre, and also of a number of slaves and other valuable personal property. That the heirs and distributees of said McCue are the plaintiff, and said McCue’s ten children, naming them, eight of them by a former wife, all of whom were of age, and two of plaintiff’s, who were…
1Opinion of the CourtStaples, J.
The first question for our consideration is as to the true character of the suit brought by Mrs. Ellen McCue in the year 1863. It is clear that the bill was not filed under the statute which authorizes a suit in the *525name of the guardian for the sale of the ward’s real estate. It was not so intended, and it would be unjust to all the parties so to treat it.
The hill is plainly a suit for assignment of dower to the widow, and for partition of the realty among the heirs, or a sale, as might be deemed most eonducive to the interests of all. The complainant describes herself as widow and as…
2Cases cited2 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Cooper v. HepburnSupreme Court of Virginia · 1860
3Cited by22 opinions
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Harrison v. Wallton's Ex'orSupreme Court of Virginia · 1898
- Lafferty v. LaffertyWest Virginia Supreme Court · 1896
- Gimbert v. Norfolk Southern RailroadSupreme Court of Virginia · 1929
- Turk v. SkilesWest Virginia Supreme Court · 1893
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