Magers v. Edward
West Virginia Supreme Court
Appeal from a decree of the circuit court of Marshall county, rendered on the 11th day December, 1876, in a cause in chancery; in said court then pending, in which Martha Magers was plaintiff, and George Edwards, administrator c. t. a. and others were defendants, allowed upon the petition of "William H. Dorsey, David Magers and Thomas Dorsey. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of.
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Appeal from a decree of the circuit court of Marshall county, rendered on the 11th day December, 1876, in a cause in chancery; in said court then pending, in which Martha Magers was plaintiff, and George Edwards, administrator c. t. a. and others were defendants, allowed upon the petition of "William H. Dorsey, David Magers and Thomas Dorsey. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of. Green, President, furnishes the following statement of the case: Joseph Magers, of Mai'shall county, West Virginia, died in the autumn of 1861. Shortly before…
1Opinion of the Court
GjreeN, PRESIDENT,
delivered the opinion of the Court:
The first question presented by the record in this cause is, whether in the imperfect condition of the bill the circuit court ought to have rendered any decree on the merits in this cause. The principal objects of the suit are: first, to obtain the opinion of the court on the question, whether Martha Magers, the widow of the *829testator Joseph Magers, under the will of her husband was entitled to the interest during her life on the pur-' chase money oí the hill farm in the hands of the administrator ; aud secondly, to set aside the agreement…
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