Legal Opinion

Francis v. Marsh

West Virginia Supreme Court

Decided February 2, 1904PublishedCited by 13 opinions

Appeal from Circuit Court, Lewis County. Action by Sevilla Francis and others 'against Dora Marsh and others. Decree for defendants, and plaintiffs appeal.

1Opinion of the Court

POEEENBARGER, PRESIDENT:

This case presents two questions. One is whether a will, made by a man, showing affirmatively, on its face his contemplation of future marriage, and making provision for his future wife, in case of marriage, is excepted from the operation of section 6 of chapter 77 of the Code of 1899, declaring that, “Every will made by a man or a woman shall be revoked by his or her marriage, except a will made in exercise of a power of appointment, when the estate thereby appointed would not, in default of such appointment, pass to his or her heirs, personal representative, or next…

2Cases cited6 opinions

  1. McAnnulty v. McAnnultyIllinois Supreme Court · 1887
  2. Hatcher v. HatcherSupreme Court of Virginia · 1885
  3. Swan v. HammondMassachusetts Supreme Judicial Court · 1884
  4. Stewart v. MulhollandCourt of Appeals of Kentucky · 1888
  5. Gay v. GaySupreme Court of Alabama · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Laborde v. First State Bank & Trust Co. of Rio Grande CityCourt of Appeals of Texas · 1936
  2. Gooch v. GoochSupreme Court of Virginia · 1922
  3. Shackelford v. ShackelfordSupreme Court of Virginia · 1943
  4. Taft v. StearnsMassachusetts Supreme Judicial Court · 1920
  5. Manship v. StewartIndiana Supreme Court · 1914

8 more not listed; retrieve them via the Exa API.

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