Coatney v. Hopkins
West Virginia Supreme Court
Appeal from a decree of the circuit court of Pendleton county pronounced on the 11th day of December, 1869, in a cause in said court then pending, wherein Edwin J. Coatney, administrator of the estate of Daniel H. Arm-entrout, deceased, was plaintiff, and Cyrus Hopkins and others were defendants, allowed on the petition of said Coatney. Hon. J. T. Hoke, late judge of the fourth judicial circuit, pronounced the decree appealed from.
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Appeal from a decree of the circuit court of Pendleton county pronounced on the 11th day of December, 1869, in a cause in said court then pending, wherein Edwin J. Coatney, administrator of the estate of Daniel H. Arm-entrout, deceased, was plaintiff, and Cyrus Hopkins and others were defendants, allowed on the petition of said Coatney. Hon. J. T. Hoke, late judge of the fourth judicial circuit, pronounced the decree appealed from. JOHNSON, Judge, furnishes the following statement of the case : On the 16th day of June, 1842, John Hopkins, of Pen-dleton county, made his last will and…
1Opinion of the CourtJohnson, Judge
The important question to be decided in this cause is: What effect the deed of marriage settlement had upon the property of Lucinda Hopkins ? She was about to be married and was possessed of certain personal property, and must have intended that the deed would have some effect upon it during the marriage and in a certain event, at least, after the marriage was dissolved by death.
This cause arose before the adoption of the Code of 1868, that provides for the separate estates of married women, and must be decided according to the principles of equity, uninfluenced by statute. The language of…
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