Legal Opinion

Stones v. Keeling

Court of Appeals of Virginia

Decided May 15, 1804PublishedCited by 5 opinions

This was an appeal from the judgment of the district court of Suffolk, affirming the grant of administration, upon the estate of William Keeling, by the county of Princess Anne, to the defendant Frances Keeling, widow of William Keeling, junior, son of the intestate William Keeling, senior, and mother of the children of the said William Keeling, junior, to whom, since the grant of administration to her, the guardianship of those children had been committed.

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This was an appeal from the judgment of the district court of Suffolk, affirming the grant of administration, upon the estate of William Keeling, by the county of Princess Anne, to the defendant Frances Keeling, widow of William Keeling, junior, son of the intestate William Keeling, senior, and mother of the children of the said William Keeling, junior, to whom, since the grant of administration to her, the guardianship of those children had been committed. The appellants are the husbands of two daughters of the intestate by one Mhalia Arbuckle, to whom it was contended, on the part of the…

1Opinion of the Court

Tucker, Judge.

Upon the whole of the testimony, I think the fact of both marriages is proved; and if the question turned entirely upon those facts, I should be of opinion that the judgment of the district court ought to be affirmed. 4 Burr. 2059. 1 Black. Rep. 632. 1 Black. Com. 440, 457. 5 Rep. 98. 2 Black. Com. 436. 1 Salk. 120. 3 Lev. 410. Bull. Nis. Pr. 112. 2 Esp. 209. But the act of assembly, which declares, that “ The issue of marriages deemed null, in law, shall nevertheless be legitimated,” does, in my apprehension, apply to the daughters in this case, notwithstanding all that was…

2Cited by5 opinions

  1. Patricia L. Kasey A/K/A Casey v. Elliot L. Richardson, Secretary, Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1972
  2. Murphy v. HollandSupreme Court of Virginia · 1989
  3. Grove v. United StatesDistrict Court, E.D. Virginia · 1959
  4. Brown v. Commonwealth Ex Rel. CustisSupreme Court of Virginia · 1977
  5. Milton v. EscueCourt of Appeals of Maryland · 1952

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