Persinger v. Simmons
Supreme Court of Virginia
Dewis Harvey, of the county of Roanoke, died in 1842, intestate, leaving a widow and twelve children. In August 1842 the dower of the widow in the lands of he late husband was laid off and assigned to her by commissioners appointed by the County court of Roanoke, and she held the land until her death in 1864. In 1845, Charles S. Kirkwood and his wife, who was a daughter of Bewis Harvey, instituted the suit in the Circuit court of Roanoke against the other children of said…
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Dewis Harvey, of the county of Roanoke, died in 1842, intestate, leaving a widow and twelve children. In August 1842 the dower of the widow in the lands of he late husband was laid off and assigned to her by commissioners appointed by the County court of Roanoke, and she held the land until her death in 1864. In 1845, Charles S. Kirkwood and his wife, who was a daughter of Bewis Harvey, instituted the suit in the Circuit court of Roanoke against the other children of said Harvey, to have a division of the estate among the heirs. Of these children, one was Magdalen, *who had married David…
1Opinion of the CourtAndbrson, J.
TRe court is of opinion, upon the authority of Knight & wife v. Oliver, 12 Gratt. 33, that an heir-at-law, who has been advanced in the lifetime of his ancestor, is entitled to participate in the division after the death of the widow in the real estate which had been assigned to her in dower, although he had refused to bring his advancements into hotchpot, in order to participate in the previous division of the estate, which was not embraced in the assignment to the widow. It is true, that the question decided in that case was as to the right of the advanced ‘child to participate in the…
2Cases cited2 opinions
- Poindexter v. JeffriesSupreme Court of Virginia · 1859
- Knight v. OliverSupreme Court of Virginia · 1855