Robinsons v. Allen
Supreme Court of Virginia
This was a suit in the Circuit court of Fauquier county by Susg.n Allen and others, the heirs at law and next of kin of Catharine Bradford deceased, against William H. Gaines, administrator with the will annexed of Catharine Bradford and Samuel Robinson and others, claiming to be legatees under Mrs. Bradford’s will. Mrs. Bradford died in 1851; and her will was duly admitted to record in the County court of Fauquier.
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This was a suit in the Circuit court of Fauquier county by Susg.n Allen and others, the heirs at law and next of kin of Catharine Bradford deceased, against William H. Gaines, administrator with the will annexed of Catharine Bradford and Samuel Robinson and others, claiming to be legatees under Mrs. Bradford’s will. Mrs. Bradford died in 1851; and her will was duly admitted to record in the County court of Fauquier. By her will, which bears date the 17th of October 1848, she provides as follows: The worldly goods which it hath pleased God to bless me with, I give, devise and dispose of as…
1Opinion of the CourtSamuels, J.
This case grows out of a contest for the succession to the estate, real and personal, of Catharine Bradford deceased.
The appellants claim under an alleged will of the decedent, conferring on them, as they insist, the estate in controversy; the appellees claim as heirs at law and next of kin of the decedent.
*In a contest of this nature between such parties, it is incumbent on the parties claiming under a will, to establish their claim: for if property be not effectually disposed of by will, it passes to the heirs at law and next of kin, by operation of the statute of descents and the statute…
2Cases cited2 opinions
- Blanton v. StateWashington Supreme Court · 1890
- Vaughan v. Doe on demise of GreenSupreme Court of Virginia · 1829
3Cited by5 opinions
- Clearspring Township v. BloughIndiana Supreme Court · 1909
- Ballow v. HudsonSupreme Court of Virginia · 1857
- Cowan v. CowanWest Virginia Supreme Court · 1949
- Hickel v. StarcherWest Virginia Supreme Court · 1922
- William James' Sons Co. v. CrouchWest Virginia Supreme Court · 1913