Gilmer's Adm'r v. Baker's Adm'r
West Virginia Supreme Court
Snyder, Judge, furnishes the following statement of the case: In the year 1823, John Baker died testate in Jefferson county, leaving a widow and several children. By his will he directed his executors to sell his real estate and loan the proceeds during the minority of his children. On October. 27, 1823, Baker Tapscott, a son in-law of the testator, had the will probated in said county and qualified as sole executor.
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Snyder, Judge, furnishes the following statement of the case: In the year 1823, John Baker died testate in Jefferson county, leaving a widow and several children. By his will he directed his executors to sell his real estate and loan the proceeds during the minority of his children. On October. 27, 1823, Baker Tapscott, a son in-law of the testator, had the will probated in said county and qualified as sole executor. Under the provisions of the will he, as executor, on January 13, 1831, sold a tract of about three hundred and thirty-three acres of land to Samuel Engle, and made him a deed for…
1Opinion of the Court
Snyder, Judge:
Before considering the merits it may be more convenient to notice a prelimary question presented by the record. The deposition of Andrew Hunter was taken and excepted to in these causes. Henry Berry and this witness had been joint commissioners, and at the time the deposition was taken Berry was dead and his administratrix is a party to this suit. The ground of the exception is that the testimony relates to transactions between Berry and the witness in regard to a joint liability from which it tends to exonerate the witness and is, therefore, incompetent. This would be true if…
2Cases cited16 opinions
- Kable v. MitchellWest Virginia Supreme Court · 1876
- McCarty v. ChalfantWest Virginia Supreme Court · 1878
- Clarkson v. ReadSupreme Court of Virginia · 1859
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
- Monroe v. BartlettWest Virginia Supreme Court · 1873
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3Cited by26 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Crothers' Adm'r v. CrothersWest Virginia Supreme Court · 1895
- Hooper v. HooperWest Virginia Supreme Court · 1889
- Kuhn v. ShreeveWest Virginia Supreme Court · 1955
- Sayre v. WoodyardWest Virginia Supreme Court · 1909
21 more not listed; retrieve them via the Exa API.