West Virginia Pulp & Paper Co. v. Miller
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. Suit in equity' by Mary Virginia Miller against the West Virginia Pulp & Paper Company and the West Virginia Spruce Dumber Company. Decree for complainant, and defendants appeal. This is an appeal from a decree of the Circuit Court of the United States for the Northern District of West Virginia.
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Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. Suit in equity' by Mary Virginia Miller against the West Virginia Pulp & Paper Company and the West Virginia Spruce Dumber Company. Decree for complainant, and defendants appeal. This is an appeal from a decree of the Circuit Court of the United States for the Northern District of West Virginia. The subject-matter of this suit is an undivided s/it interest in 8,405 acres of timber land in Randolph county, W. Va. The appellants hold without dispute an undivided o/it interest therein…
1Opinion of the Court
PRITCHARD, Circuit Judge.
In disposing of the questions involved in this suit, it becomes necessary to determine as to whether the fourth clause of the will constitutes a devise of land. The court below held that it ivas a devise of land, that as such it was invalid, and, in passing upon the demurrer in the case of Miller v. Ahrens (C. C.) 150 Fed. 644, which raised the identical questions involved in this controversy, dearly states the contention of the plaintiff below as follows:
“On behalf of the plaintiff it is contended that this devise is void: First, because the beneficiary cannot be…
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