Legal Opinion

McCurdy v. Smith

Supreme Court of Virginia

Decided January 23, 1908PublishedCited by 7 opinions

Appeal from a decree of the Chancery Court- of the city of IRichmond. Decree for the complainants. Defendants appeal.

1Opinion of the CourtWhittle, J.

A paper writing purporting- to be the last will and testament of Sarah C. Boswell, deceased, was offered for probate before the clerk of the chancery court of the city of Richmond by EL A. McCurdy, the executor named in the instrument. The proceeding was had under section 2639a, Va. Code, 1904; and the clerk, having heard the testimony of the subscribing witnesses, passed an order admitting the will to probate and allowing McCurdy to qualify as executor. Whereupon, the appellee, W. R. Smith, as one of the heirs at law and distributees of the decedent, filed a bill in the chancery court of the…

2Cases cited5 opinions

  1. Carter v. CommonwealthSupreme Court of Virginia · 1899
  2. Risser v. HoytMichigan Supreme Court · 1884
  3. Chandler v. NashMichigan Supreme Court · 1858
  4. Button v. State Corp. CommissionSupreme Court of Virginia · 1906
  5. Knickerbocker v. People ex rel. ButzIllinois Supreme Court · 1882

3Cited by7 opinions

  1. Pine v. CommonwealthCourt of Appeals of Virginia · 1917
  2. Fugate v. WestonSupreme Court of Virginia · 1931
  3. Queensbury v. VialSupreme Court of Virginia · 1918
  4. Saunders v. LinkSupreme Court of Virginia · 1912
  5. Walker v. TempleSupreme Court of Virginia · 1921

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