Whelan v. Reilly
West Virginia Supreme Court
Philip Reilly, of Ohio county, died in June, 1866. A will made by Mm dated January 15th, 1855, to which was appended a codicil dated March 17th, 1862, was admitted to probate in the recorder’s office of Ohio county, on the 10th day of July, 1866. The following is substantially the will, with such parts omitted as do not appear to be material to a correct understanding of the points involved : “First.
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Philip Reilly, of Ohio county, died in June, 1866. A will made by Mm dated January 15th, 1855, to which was appended a codicil dated March 17th, 1862, was admitted to probate in the recorder’s office of Ohio county, on the 10th day of July, 1866. The following is substantially the will, with such parts omitted as do not appear to be material to a correct understanding of the points involved : “First. I devise to my wife, Jane, in lieu of dower, one undivided half of my mansion house and home farm, during her natural life, the said farm being a tract of land in said county, situated on the…
1Opinion of the CourtMaxwell, J.
John, Philip and Mary Jane Reilly, the three surviving children of the late Philip Reilly, deceased, filed their bill to set aside the last will and testament of the said Philip Reilly, deceased, which had been, before the bill was filed, admitted to probate as a testamentary paper in the office of the recorder for Ohio county.
The court, on the hearing of the cause, by decree entered, declared the trusts raised in the will illegal and void, because, in the opinion of the court, they entail the property devised in perpetuity to the trustees and their successors beyond the period allowed by law.
2Cases cited2 opinions
- Leavitt v. BeirneSupreme Court of Connecticut · 1850
- Huntington v. WinchellSupreme Court of Connecticut · 1830
3Cited by8 opinions
- Carney v. KainWest Virginia Supreme Court · 1895
- Goetz v. Old National Bank of MartinsburgWest Virginia Supreme Court · 1954
- Whelan v. ReillyWest Virginia Supreme Court · 1872
- Pollock v. House & HermannWest Virginia Supreme Court · 1919
- Tavenner v. BaughmanWest Virginia Supreme Court · 1947
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