Legal Opinion

Bruce v. Shuler

Supreme Court of Virginia

Decided November 19, 1908PublishedCited by 9 opinions

Error to a judgment of the Circuit Court of Rockingham county on a motion to probate a will, which motion was opposed. Judgment for the defendant. Plaintiff assigns error.

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

L. H. Bruce offered for probate in the Circuit Court of Rockingham county a paper writing purporting to be the last will of Virginia Dutrow, deceased, of date April 12, 1908. Under the will Bruce was the chief beneficiary. Its probate was opposed by Sarah Shuler, the sole heir at law and distributee of the decedent.

Bruce, who offered the will for probate, was one of the two subscribing witnesses thereto, the other subscribing witness being alive and available for examination as a witness.

The circuit court refused to admit the will to probate, being…

2Cases cited2 opinions

  1. In re Holt's WillSupreme Court of Minnesota · 1893
  2. Davis v. DavisWest Virginia Supreme Court · 1897

3Cited by9 opinions

  1. Wiley v. GordonIndiana Supreme Court · 1914
  2. Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
  3. Richardson v. BeanCourt of Appeals of Texas · 1922
  4. City Trust & Safe Deposit Co. v. WieseNebraska Supreme Court · 1915
  5. Doyle v. BradyCourt of Appeals of Kentucky · 1916

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