Miller v. Miller's Adm'r
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Culpeper county, pronounced March 26, 1892, wherein the appellant was the complainant, and the appellees were the defendants.
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Appeal from a decree of the Circuit Court of Culpeper county, pronounced March 26, 1892, wherein the appellant was the complainant, and the appellees were the defendants. This was a suit in chancery brought by the appellant for the purpose of having the estates of his father and mother, John A. Miller and Sarah J. Miller, settled under the direction of the court, and especially for the purpose of having an account of the debts and their priorities, and subjecting their real estate to the payment of said debts. The complainant sets forth in his bill an indebtedness to him, evidenced by several…
1Opinion of the CourtRiely, J.
The first question to be disposed of is whether or not Sarah J. Miller took a separate estate in the land conveyed to her jointly with Maria E. White by the deed from Carter B. Cropp and his wife, to their only use and behoof.
bTo particular form of words is necessary in order to vest property in a married woman for her separate use, and thus create a separate estate. Whenever it appears, either from the language used, or from the nature of the transaction, or from the whole context of the instrument giving the estate, that it was intended for the wife to have the property to her sole and…
2Cases cited6 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Jones v. CliftonSupreme Court of the United States · 1880
- Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874
- Darnall v. Smith's adm'rSupreme Court of Virginia · 1875
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Duncan v. CarsonSupreme Court of Virginia · 1920
- Miller v. CommonwealthSupreme Court of Virginia · 1929
- Poteet v. ImbodenWest Virginia Supreme Court · 1916
- Woodyard v. SayreWest Virginia Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.