J. B. Campbell's ex'ors v. A. C. Campbell's ex'or
Supreme Court of Virginia
In October 1852, James B. Campbell, late of the county of Highland, departed this life, leaving a widow, Aleinda 0. Campbell, who survived him only about two months, and leaving no issue. His seven brothers were 1ns only heirs at law and next of kin. He owned a large estate, consisting mainly of notes and bonds, amounting at least to fifty thousand dollars.
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In October 1852, James B. Campbell, late of the county of Highland, departed this life, leaving a widow, Aleinda 0. Campbell, who survived him only about two months, and leaving no issue. His seven brothers were 1ns only heirs at law and next of kin. He owned a large estate, consisting mainly of notes and bonds, amounting at least to fifty thousand dollars. He made a will a few weeks before his death, to wit: on the 2d of October 1852, and during the last illness both of himself and his wife ; his sickness being pneumonia, and hers consumption. He .appointed two of his brothers, to wit:…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The main, though not the only, questions arising in this case are, first, whether the decree pronounced by this court on the 28th day of August 1858, declaring 4t that the assignment purporting to have been made by the testator, James B. Campbell, on the 1st day of October 1852, to his brother, Thomas Campbell, and relied upon in the answers as constituting a valid gift of the notes and bonds of the said testator, did not operate as a valid gift thereof in the lifetime of the testator, so as to bar the widow from recovering her distributive share…
2Cited by52 opinions
- Morgan v. Ohio River R.West Virginia Supreme Court · 1894
- Diamond State Iron Co. v. Alex. K. Rarig & Co.Supreme Court of Virginia · 1896
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- Newman v. MollohanWest Virginia Supreme Court · 1877
- Leake's Ex'or v. LeakeSupreme Court of Virginia · 1881
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