Ash v. Wells
West Virginia Supreme Court
Appeal from Circuit Court, Tyler County. Suit by Zadok Ash against Alpheus C. Wells, executor, etc.,- and others. From decree for complainant, the executor appeals.
1Opinion of the Court
Poffenrarger, Judge:
Alpheus C. Wells, executory of the will of Alf Conaway,, deceased, baying the power of sale of the testator’s real estate, by virtue of a provision of the will, indirectly conveyed to himself the homestead, known as the Joseph’s Mills place, containing 56 3/4' acres, at a valuation he fixed upon it, charged himself with the amount of such valuation, took his commission on the same and credited the supposed purchase price on alleged debts due to himself from the estate. At the instance of Zadok Ash, assignee of some of the legatees and devisees of the will, this conveyance…
2Cases cited5 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Roush v. GriffithWest Virginia Supreme Court · 1909
- Penny v. JacksonSupreme Court of Alabama · 1887
- Frazer's Executors v. LeeSupreme Court of Alabama · 1868
- Armor v. CochraneSupreme Court of Pennsylvania · 1870
3Cited by2 opinions
- Keller v. WashingtonWest Virginia Supreme Court · 1919
- Brown v. McGrawWest Virginia Supreme Court · 1925