Legal Opinion

Moses v. Hart's Adm'or

Supreme Court of Virginia

Decided January 15, 1875PublishedCited by 6 opinions

Michael Hart, a citizen of New York, died in September 1861, leaving- a widow and several children; and leaving a will which was duly admitted to probate in the surrogate court of New York.

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Michael Hart, a citizen of New York, died in September 1861, leaving- a widow and several children; and leaving a will which was duly admitted to probate in the surrogate court of New York. By his will he gave to his widow $75,000, and to his widow in trust for his daughter $30,000. To each of his other children he gave $5,000; and after some other small legacies, he devised and bequeathed the balance of his estate tó his widow, Solomon Davis and Alfred Moses, of Richmond, Va., and George A. Davis, of Cleveland, in trust, for the benefit of all his children equally, to be held as they think…

1Opinion of the Court

*STAPDES, J.

Michael Hart, a resident of New York, died in that state in September, 1861, possessed of a considerable real and personal estate.

By his will, which was admitted to probate in the surrogate court of New York, he appointed his wife, Frances Hart, his executrix, George A. Davis, of Ohio, the appellant Moses and Solomon Davis, of Richmond city, his executors. None of them qualified, however, except Mrs. Hart, to whom letters testamentary were granted in New York. The will was not offered for probate in this state; no doubt under an apprehension that the property here might thereby be…

2Cases cited3 opinions

  1. Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
  2. Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
  3. Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812

3Cited by6 opinions

  1. Davis v. Morriss' Ex'orsSupreme Court of Virginia · 1881
  2. Dolan v. AnthonySupreme Court of Rhode Island · 1931
  3. Crigler's committee v. Alexander's ex'orSupreme Court of Virginia · 1880
  4. Crigler's Committee v. Alexander's Ex'orSupreme Court of Virginia · 1880
  5. Crigler's Committee v. Alexander's Ex'orSupreme Court of Virginia · 1880

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