Marshall's heirs v. Porter

Judoe Simpson

delivered the opinion of the Court.

John Marshall, in 1820, made and published a will, whereby he gave to his wife, Elizabeth Marshall, all his estate, both real and personal, during her life; and after her death it was to belong to Anna Porter, the wife of Samuel Porter. He subsequently acquired a slave, and a tract of land upon which he resided at the time of his death. He died in 1845, having never either revoked or republished his will. His wife died a few days after her husband.

The County Court of Floyd, that being the county in which the testator resided at the time of his…