Roy v. Roy's Ex'or
Supreme Court of Virginia
This was a supersedeas to the judgment of the Circuit court of Bedford county, admitting to probate a paper writing as the last will of David M. Roy; and it being proved that the paper as well as the endorsement upon it was wholly in the handwriting of David M. Roy, the only question in this court was whether it was so signed by the testator as to make it his will. The paper is obviously written by a very illiterate man.
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This was a supersedeas to the judgment of the Circuit court of Bedford county, admitting to probate a paper writing as the last will of David M. Roy; and it being proved that the paper as well as the endorsement upon it was wholly in the handwriting of David M. Roy, the only question in this court was whether it was so signed by the testator as to make it his will. The paper is obviously written by a very illiterate man. It commences—I David M. Roy do indever to make my last will and testament. It then procee&s through seven clauses to dispose of his property to his sister Katharine S. Moore…
1Opinion of the Court
ADDISK, P.,
delivered the opinion of the court:
The question presented by the record in this case is whether the paper propounded for probate as the olograph will of David M. Roy has been executed in the mode prescribed by law.
The Code of 1849, ch. 122, $ 4, requires that the will shall be signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature.
In Ramsey & als. v. Ramsey’s ex’or, 13 Gratt. 664, it was held that the name of a testator at the commencement of an olograph will is an…
2Cases cited2 opinions
- Waller v. WallerSupreme Court of Virginia · 1845
- Ramsey v. Ramsey's ex'orSupreme Court of Virginia · 1857
3Cited by9 opinions
- Albright v. NorthCalifornia Supreme Court · 1905
- Warwick v. WarwickSupreme Court of Virginia · 1890
- French v. FrenchWest Virginia Supreme Court · 1877
- Dinning v. DinningSupreme Court of Virginia · 1904
- Black v. MaxwellWest Virginia Supreme Court · 1948
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