Carpenter v. Miller's Ex'rs
West Virginia Supreme Court
The opinion of the judge in this cause gives the material points of controversy. . This cause was once before in the court of appeals. The decree dismissing the bill was reversed and the.case remanded for the appellant to have an opportunity to propound the codicil in question to the probate court as a testamentary paper, and if deemed a testamentary paper and ordered to record, then for the chancery court to construe it.
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The opinion of the judge in this cause gives the material points of controversy. . This cause was once before in the court of appeals. The decree dismissing the bill was reversed and the.case remanded for the appellant to have an opportunity to propound the codicil in question to the probate court as a testamentary paper, and if deemed a testamentary paper and ordered to record, then for the chancery court to construe it. The paper was accordingly propounded to the county court for probate, where it was construed to be a testamentary paper, and was ordered to be recorded. The record of the…
1Opinion of the CourtMaxwell, J.
The testator Miller, by a will made by him bearing date on the 15th day of September, 1845, gave all the residue of his property to his friends Chandler and Al-derson, in fee simple, and appointed the said persons the executors of his will. After the death of Miller the said will was probated and the said- Alclersou qualified as execu,tor. Afterwards, the appellants here, who claim to be the *179heirs at law of Miller, filed their bill to have probated and construed a codicil to said will, bearing date on the 6th day of June, 1856, and alleged to be in th'e possession of the said Chandler and…
2Cases cited1 opinion
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