Burwell v. Corbin
Supreme Court of Virginia
This suit was originally brought in the Williamsburg chancery court, and afterwards removed to the Fredericksburg district.
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This suit was originally brought in the Williamsburg chancery court, and afterwards removed to the Fredericksburg district. Bacon Burwell and others,* heirs at law of James B. Burwell deceased, of Richmond county, filed their bill jn chancery against John R. F. Corbin, Thomas P. Smith Francis Smith, stating : that since the death of the said James B. Burwell, the said Corbin had produced a . . , pretended paper-writing as the last will of the said James, whereby the greater part of his estate is devised away from the relatives and friends of the deceased and left to the said Corbin ; and…
1Opinion of the Court
April 10th.-—
Judge Coalter :
It w’ould be unnecessary in this case to decide, whether the deposition of Ball was properly rejected, if the court was unanimously of opinion that this will, on the merits, could not be supported as a good will of lands. This however not being the case, it becomes necessary-for me, at least to express my doubts as to the correctness of that decision.
I think it clear, that if a man’s name is used as next friend to infants, without his knowledge or consent at any time given, he is not answerable for costs, and if not so answerable, and in no other way interested,…
2Cited by16 opinions
- Greenough v. GreenoughSupreme Court of Pennsylvania · 1849
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Simmons v. LeonardTennessee Supreme Court · 1892
- Powell v. MansonSupreme Court of Virginia · 1872
- Caperton v. GregorySupreme Court of Virginia · 1854
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