Waller v. Waller
Supreme Court of Virginia
At the May term of the superior court of Henry county, for the year 1842, James Waller offered for probate a paper writing as the last will and testament of John Waller, deceased, which was contested by George Waller and John Cobb. The case came on to be heard at the October term of the court, when the paper was admitted to probate, and the contestants applied for, and obtained an appeal to this court.
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At the May term of the superior court of Henry county, for the year 1842, James Waller offered for probate a paper writing as the last will and testament of John Waller, deceased, which was contested by George Waller and John Cobb. The case came on to be heard at the October term of the court, when the paper was admitted to probate, and the contestants applied for, and obtained an appeal to this court. The paper admitted to probate, commenced as follows—“ In the name of God, amen, I, John Waller of the county of Henry and state of Virginia, calling to mind the uncertainty of human life, and…
1Opinion of the CourtAllen, J.
This case presents for consideration a question of very great interest, frequently discussed elsewhere, but never formally decided by this court. Our statute of wills is a transcript of the statute of 29 Charles 2, with the exception that it dispenses with the subscribing witnesses in cases of wills wholly in the handwriting of the testator, a provision not contained in the English statute. The statute of 29 Charles 2, required that the will should be in writing; signed by the devisor, or some other person in his presence, and by his direction; and that it should be attested and subscribed by…
2Cited by32 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- In Re the Estate of ManchesterCalifornia Supreme Court · 1917
- Warwick v. WarwickSupreme Court of Virginia · 1890
- Knauff v. DavidsonArizona Supreme Court · 1915
- Ramsey v. Ramsey's ex'orSupreme Court of Virginia · 1857
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