Nicholas v. Kershner
West Virginia Supreme Court
(*SNYDER, J., Absent.) Appeal from and supersedeas to a judgment of the circuit court of the county of Greenbrier, rendered on the 18th day of June, 1879, in a cause hi said court then pending, wherein George W. Nicholas and others were plaintiffs, and Elizabeth Kershner and others were defendants, allowed upon the petition of the plaintiffs. Hon. TTomer A. Holt, judge of the eighth judicial circuit, rendered the judgment appealed from.
Read the full summary
(*SNYDER, J., Absent.) Appeal from and supersedeas to a judgment of the circuit court of the county of Greenbrier, rendered on the 18th day of June, 1879, in a cause hi said court then pending, wherein George W. Nicholas and others were plaintiffs, and Elizabeth Kershner and others were defendants, allowed upon the petition of the plaintiffs. Hon. TTomer A. Holt, judge of the eighth judicial circuit, rendered the judgment appealed from. The facts fully appear in the opinion of the Court. cited the following authorities: Bump. Fraud. Con. 77; 4 Gratt. 106; 9 Gratt. 334; 11 Gratt. 220; 11 ~W.…
1Opinion of the Court
Johnson, Pkesident,
announced the opinion of the Court:
This was an issue devisavit vel non tried in the circuit court of Greenbrier county to test the validity of the will of Henry Nicholas, deceased. The jury was»empaneled on the 28th day of May, 1879, and on the 3d day of June rendered their verdict: “That the paper writing admitted to probate by an order of the clerk of the county court of Greenbrier on the 24th day of November, 1877, in the pleadings mentioned, purporting to be the will of ITenry Nicholas, deceased, is the last will and testament of the said Henry Nicholas.” A motion was…
2Cases cited17 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Jarrett v. JarrettWest Virginia Supreme Court · 1877
- State v. HurstWest Virginia Supreme Court · 1877
- State v. BetsallWest Virginia Supreme Court · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Ward v. BrownWest Virginia Supreme Court · 1903
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Franklin v. PenceWest Virginia Supreme Court · 1945
41 more not listed; retrieve them via the Exa API.