Brewer et ux. v. Opie
Court of Appeals of Virginia
This .was an action of ejectment, in which there was the following case agreed. We agree, that William Lancaster died after having duly made and executed his last will and testament, bearing date the 26th day of November, 1765, and recorded the twelfth day of May, 1766, in the following words: “ I William Lancaster of the County of Northumberland being in perfect sense and memory do make and ordain this to be my last will and testament, that is to say, I give and bequeath…
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This .was an action of ejectment, in which there was the following case agreed. We agree, that William Lancaster died after having duly made and executed his last will and testament, bearing date the 26th day of November, 1765, and recorded the twelfth day of May, 1766, in the following words: “ I William Lancaster of the County of Northumberland being in perfect sense and memory do make and ordain this to be my last will and testament, that is to say, I give and bequeath unto my beloved son Joseph Lancaster my whole and sole estate both real and personal, and in case my said son should die…
1Opinion of the Court
PENDLETON, President.
If we decide on the case agreed, William Lancaster and his will are out of question; since he is not stated to be seised, and we must en-quire who is the heir to Joseph the son, who was seised. The statement is imperfect, as to who was his heir; since the time of his death, whether before or since January, 1787, is not stated, so as to enable us to determine, whether the old or new law of descents is to govern. Nor, does it appear, whether all, or any of the four children of Opie, were bom before, or after Joseph’s death. But, it seems pretty evident, that the plaintiff…
2Cited by16 opinions
- Senger v. Senger's Ex'orSupreme Court of Virginia · 1886
- Hoxton v. GriffithSupreme Court of Virginia · 1868
- Toothman v. BarrettWest Virginia Supreme Court · 1878
- Stockton v. CopelandWest Virginia Supreme Court · 1884
- East v. Garrett & WifeSupreme Court of Virginia · 1888
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