McDonald v. McDonald
West Virginia Supreme Court
Eobert McDonald, of Berkeley county, died testate in 1859, leaving a tract of laud of about 121 acres in that- county, devised to bis brother Andrew McDonald for life, and then to his nephew Eobert McDonald, son of Andrew McDonald, in fee, subject to the dower of the testator’s widow. The devisees both died before the testator. The will was proven and admitted to record; it contained a residuary clause devising his estate to his brothers and sisters, share and share alike.
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Eobert McDonald, of Berkeley county, died testate in 1859, leaving a tract of laud of about 121 acres in that- county, devised to bis brother Andrew McDonald for life, and then to his nephew Eobert McDonald, son of Andrew McDonald, in fee, subject to the dower of the testator’s widow. The devisees both died before the testator. The will was proven and admitted to record; it contained a residuary clause devising his estate to his brothers and sisters, share and share alike. George W. McDonald, a brother of the testator, filed a bill in July, 1860, asking a partition of the land, and if not…
1Opinion of the Court
Shown, President,
delivered the opinion of the eourt.
There is error in the decree of the 4th of October, 1860 :
1st. Because the period, of one month allowed by law for the defendants to appear, after the execution of the order of publication, had not expired before the first day of the¡ *679September term of the court at which that decree was rendered. Higginbotham vs. Rohrbough, 3 W. Va., 266.
2d. Because it is against infants without a guardian ad litem, and it cannot be presumed that any such guardian, was appointed, in the absence of proof that the records were lost or destroyed.
The objection…
2Cases cited1 opinion
- Higginbotham v. HaseldenWest Virginia Supreme Court · 1869
3Cited by4 opinions
- Alexander v. DavisWest Virginia Supreme Court · 1896
- Hays v. Camden's HeirsWest Virginia Supreme Court · 1893
- Chapman v. BranchWest Virginia Supreme Court · 1913
- Caperton v. GregorySupreme Court of Virginia · 1854