Rutherford v. Mayo
Supreme Court of Virginia
Appeal from decree of circuit court of Goochland county, rendered June 3,1875, in suit of Elizabeth W. Mayo against Thomas Rutherford. In February, 1862, George IV. Mayo died testate, leaving considerable estate in land, slaves, aliases in action, &c. He gave each of his five children $1,000 in money or land. To Elizabeth, his widow, he gave, during widowhood, all, and if she married one-half, of the residue.
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Appeal from decree of circuit court of Goochland county, rendered June 3,1875, in suit of Elizabeth W. Mayo against Thomas Rutherford. In February, 1862, George IV. Mayo died testate, leaving considerable estate in land, slaves, aliases in action, &c. He gave each of his five children $1,000 in money or land. To Elizabeth, his widow, he gave, during widowhood, all, and if she married one-half, of the residue. It is not ascertained how much, but it was much more than her distributive share would have been, and even more than all the children together received. She did not renouuce this…
1Opinion of the CourtAnderson, J.
The bill was brought by Mrs. Mayo, the widow of George W. Mayo, to have dower assigned her in the undivided moiety of a tract of land and mill, which was the joint property of her husband in his lifetime, and Thomas Ruth*121erford, the appellant; which undivided moiety was devised by her husband to his son-in-law, James M. Siddons, and his daughter, Calisa J., the wife of said Siddons.
Two principal questions arise in the case: “ First. Did Mrs. Mayo receive a bequest from her husband which was-in lieu of dower? And, second, Has she been lawfully deprived of it, or of a part of it ? and of how…
2Cited by12 opinions
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- Wood v. Conqueror Trust Co.Supreme Court of Missouri · 1915
- Newton v. NewtonSupreme Court of Virginia · 1958
- Turk v. RitchieSupreme Court of Virginia · 1905
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