Smith v. Smith
West Virginia Supreme Court
Appeal from Circuit Court, Mineral County. ■ Action by Mary E. Smith against William Daniel Smith and others. From decree for plaintiff, defendants appeal.
1Opinion of the Court
Lynch, Judge:
To have set apart to her one third of two separate tracts of land, containing respectively 68 and 83 acres, of which her husband died seized and possessed, Mary E. Smith brought this suit against her two sons, William and Robert. By will the husband and father devised his real estate to plaintiff and defendants, giving her one third for life, them the residue.
The testator died January 8,1908. Thereafter until a short time prior to the institution of this suit, November 19, 1913, plaintiff and defendants jointly occupied the 68 acres, known as the “home place”, except that Robert…
2Cases cited4 opinions
- Early & Wife v. FriendSupreme Court of Virginia · 1860
- Cunningham v. CunninghamWest Virginia Supreme Court · 1899
- Moore v. LigonWest Virginia Supreme Court · 1887
- Graham v. PierceSupreme Court of Virginia · 1869
3Cited by3 opinions
- Alderson v. Horse Creek Coal Land Co.West Virginia Supreme Court · 1922
- Hatcher v. NarciseWest Virginia Supreme Court · 1988
- Steele v. McKinneyWest Virginia Supreme Court · 1984