Citations to the Code of Virginia

Cover Citations to the Code of Virginia
Citations to the Code of Virginia
Abram C Eby
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As the will was published, and the testator died before the act of 1794 providing for pretermitted children, the case does not fall within the operation of that statute.
3. Upon the true construction of the will, the after-born child has no claim to share in the division of the dower slaves after the death of the widow.
SECTION 2529.
In the case of Croft et als. Vs. Croft, Executor, etc. , 4 Grat. , 103, decided July, 1847, it was held : By the Act 1, Eev. Code, Chapter 104, Section 11, p. 377,
... a devise or bequest, whether of real or of personal estate, to an attesting witness to a will, with- out whose testimony the will may not be otherwise proved, is void.
In the case of Martz's Executor vs. Martz's Heirs, 25 Grat. , 361, decided October 2, 1874, it was held : Upon the proceed- ing for the probate of a will, J. , who is the nominated executor and propounder of the paper, and also a devisee and legatee under it, is a competent witness to sustain the probate.
A will is not a contract, and an executor or legatee is not a party to it in the sense of the statute.


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