Winning v. Silver Hill Oil Co.
West Virginia Supreme Court
Certified from Circuit Court, Wetzel County. Action by Ross J. Winning, as executor of tbe estate of Edward D. Winning, deceased, against the Silver Hill Oil Company and others. Demurrer to petition by executor sustained, and cause certified.
1Opinion of the Court
Poffenbarger, Judge:
The decision certified for review in this cause involves an inquiry as to the right of an executor appointed in the State *72of Ohio, under a will probated in that state, and who is not shown to have qualified as executor in this state, nor given any bond in the state in which he was appointed, to have awarded and transferred to him, certain property, rentals arising from an oil and gas lease, some of which have already accrued and been paid to the guardian of a non-resident infant, who is a devisee and legatee under the will, and, to obtain an adjudication of his right to…
2Cases cited2 opinions
- Cook v. DorseyWest Virginia Supreme Court · 1893
- Oney v. FergusonWest Virginia Supreme Court · 1895
3Cited by3 opinions
- Rybolt v. JarrettCourt of Appeals for the Fourth Circuit · 1940
- Joseph v. National Bank of West VirginiaWest Virginia Supreme Court · 1942
- In re the Appointment of PlybonWest Virginia Supreme Court · 1973