Cheatham v. Hatcher
Supreme Court of Virginia
*Mrs. Ann P. Hall, of Chesterfield, upon her marriage with Edward Hatch-er, in February, 1870, conveyed, with his assent, all her estate to a trustee, for her separate and exclusive use, with full power to dispose of it, either in her lifetime or by will. She died in August, 1871; and after her death a paper was propounded as her will to the circuit court of Chesterfield for probate.
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*Mrs. Ann P. Hall, of Chesterfield, upon her marriage with Edward Hatch-er, in February, 1870, conveyed, with his assent, all her estate to a trustee, for her separate and exclusive use, with full power to dispose of it, either in her lifetime or by will. She died in August, 1871; and after her death a paper was propounded as her will to the circuit court of Chesterfield for probate. Her heirs and next of kin being many and scattered over the country, it took some years to get all of them before the court; but in May, 1876, the case was ready to be heard, and the parties waiving a jury,…
1Opinion of the CourtStaples, J.
This is a controversy concerning the probate of a paper purporting to be the last will of Mrs. Ann P. Hatcher. The parties in the court below waived a trial by jury and submitted the whole matter to the ^determination of the judge, who. after hearing all the evidence, was of opinion that “the paper writing in question is not the last will of Ann P. Hatcher,” and refused to admit the same to probate. From that order an appeal was taken to this court. The only question in the case we have to determine is, whether the will was subscribed by the witnesses in the presence of the testatrix, in the…
2Cited by15 opinions
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