Gilkeson v. Smith
West Virginia Supreme Court
Appeal from an order of the circuit court of Green-brier county, made on the 19th day of June, 1875, and a decree of the said court rendered on the 22d day of October, 1875, in a cause in said court then pending, wherein Samuel Gilkeson was plaintiff and Agnes M. Smith and others were defendants, allowed on the petition of said defendants. Hon. Homer A. Holt, judge'of the eighth judicial circuit, rendered the order and decree complained of.
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Appeal from an order of the circuit court of Green-brier county, made on the 19th day of June, 1875, and a decree of the said court rendered on the 22d day of October, 1875, in a cause in said court then pending, wherein Samuel Gilkeson was plaintiff and Agnes M. Smith and others were defendants, allowed on the petition of said defendants. Hon. Homer A. Holt, judge'of the eighth judicial circuit, rendered the order and decree complained of. Green, President, furnishes the following statement of the case : In August, 1874, Samuel Gilkeson filed his bill in the circuit court of Greenbrier…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion oí the Court:
The answers in this case controvert the authority of John W. Jones to sell the house and lot, the subject of controversy, and dispute the validity of the probate of the will of William Smith by the county court of Bedford, and the validity of the qualification, as his executor, of John W. Jones before that court. This question was expressly decided in favor of his authority in the case of Smith et al. v. Henning, 10 W. Va. 596. It is true that in that case this Court decided that the authority conferred by William Smith’s will on his…
2Cases cited14 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Pierce v. FraceWashington Supreme Court · 1891
- Hunter's Ex'rs v. HunterWest Virginia Supreme Court · 1877
- Knox v. ParkerWashington Supreme Court · 1891
- Parker v. DacresWashington Supreme Court · 1890
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3Cited by10 opinions
- Shank v. GroffWest Virginia Supreme Court · 1898
- McClain v. BattonWest Virginia Supreme Court · 1901
- Towles & Co. v. Carpenter, Wright & Co.West Virginia Supreme Court · 1907
- Bailey v. StroudWest Virginia Supreme Court · 1885
- Paine v. TutwilerSupreme Court of Virginia · 1876
5 more not listed; retrieve them via the Exa API.