Barbour v. Moore
Court of Appeals for the D.C. Circuit
Hearing on a bill of exceptions by the defendants in an action of ejectment. The facts are sufficiently stated in the opinion. 1. Mere peculiarities and eccentricities of conduct, appearance, and character, however great, do not incapacitate a person from making a valid will. Lee v. Lee, 4 McCord (S. C.) L. 183 ; Leeper v. Taylor, 47 Ala. 224; McMasters v. Blair, 29 Pa. St. 354; Cauffman v. Long, 82 Pa.
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Hearing on a bill of exceptions by the defendants in an action of ejectment. The facts are sufficiently stated in the opinion. 1. Mere peculiarities and eccentricities of conduct, appearance, and character, however great, do not incapacitate a person from making a valid will. Lee v. Lee, 4 McCord (S. C.) L. 183 ; Leeper v. Taylor, 47 Ala. 224; McMasters v. Blair, 29 Pa. St. 354; Cauffman v. Long, 82 Pa. St. 77-80. It is only necessary that the testator should possess such mental capacity at the time of executing his will. Lowe v. Williamson, 1 Green’s Ch. Rep. (2 N. J. Eq.) 86. It was error…
1Opinion of the CourtChief Justice Alvey
This is an action of ejectment brought by the plaintiffs, David Moore, Frances M. Moore, Mary A. Johnson, Sarah M. Davidson and Josephine M. Bridget, the present appellees, to recover undivided portions of certain parcels of land situate in the District of Columbia, the same being alleged to be in the possession of the defendants, Annie E. Barbour and James L. Barbour, the appellants on this appeal. Both parties, plaintiffs and defendants, claim title from the same source, that is to say, under David Moore, deceased.
The declaration contains two counts, each for different parcels of land; and…
2Cases cited6 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Robertson v. PickrellSupreme Court of the United States · 1883
- MacKall v. MacKallSupreme Court of the United States · 1890
- Conley v. NailorSupreme Court of the United States · 1886
- Bundy v. McKnightIndiana Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thompson v. SmithCourt of Appeals for the D.C. Circuit · 1939
- Duckett v. DuckettCourt of Appeals for the D.C. Circuit · 1943
- Dorothy H. Rossi v. Earl A. FletcherCourt of Appeals for the D.C. Circuit · 1970
- In Re Estate of Paul Latimer Weir, Deceased. Margaret Partee Weihs v. Elizabeth HolmeadCourt of Appeals for the D.C. Circuit · 1973
- Barone v. WilliamsCourt of Appeals for the D.C. Circuit · 1952
3 more not listed; retrieve them via the Exa API.