has approved rule (Virginia) · Go Syfert
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has approved rule in Virginia

5 Virginia opinions name it 2 courts 1879–2007 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Ridley v. Commonwealthgreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 2007–2007
2 sentences

2007See Ridley v. Commonwealth, 219 Va. 834 , 252 S.E.2d 313 (1979).

2007See Ridley v. Commonwealth, 219 Va. 834 , 252 S.E.2d 313 (1979).

11
Neblett v. Smithgreen
va · 1925 · cited in 1 Virginia opinions naming this issue, 1983–1983
2 sentences

1983Criticizing the presumption against disinheritance as “feudal and *613 . . . akin to the law of primogeniture”, this Court has approved the principle that “ ‘[a]s among testator’s collateral relatives or strangers, favoring presumptions carry little or no weight against the testator’s apparent meaning.’ 1 Schouler on Wills (6th ed.), 885.” Neblett v. Smith, 142 Va. 840, 850 , 128 S.E. 247, 250 (1925).

1983Criticizing the presumption against disinheritance as “feudal and *613 . . . akin to the law of primogeniture”, this Court has approved the principle that “ ‘[a]s among testator’s collateral relatives or strangers, favoring presumptions carry little or no weight against the testator’s apparent meaning.’ 1 Schouler on Wills (6th ed.), 885.” Neblett v. Smith, 142 Va. 840, 850 , 128 S.E. 247, 250 (1925).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Conrad v. Conrad's green
va · 1918
1 sentence

1919The many cases in which this court has approved that rule are collected by Judge Burks in a note to the opinion in Conrad v. Conrad, 123 Va. 711 , 97 S. E. 337 , and need not be cited here.

11919–1919
State v. Ready green
nj · 1910
1 sentence

1918In State v. Ready, supra, the learned chief justice’s statement that on this rule ‘judicial sentiment is altogether out of harmony’ and ‘courts are divided,’ is comprehensible only as an expression of delicate consideration for the Federal Supreme Court’s lonesome decision of Throckmorton v. Holt ; for the fact seems to be that Throckmorton v. Holt is the only case ever decided to the contrary; and the present opinion itself points out the inadequacy of the citation in Throckmorton v. Holt to sustain its decision.” Counsel for the proponent cite the case of Wallen v. Wallen, 107 Va. 131 , 57 S

11918–1918
Wallen v. Wallen green
va · 1907
2 sentences

1918In State v. Ready, supra, the learned chief justice’s statement that on this rule ‘judicial sentiment is altogether out of harmony’ and ‘courts are divided,’ is comprehensible only as an expression of delicate consideration for the Federal Supreme Court’s lonesome decision of Throckmorton v. Holt ; for the fact seems to be that Throckmorton v. Holt is the only case ever decided to the contrary; and the present opinion itself points out the inadequacy of the citation in Throckmorton v. Holt to sustain its decision.” Counsel for the proponent cite the case of Wallen v. Wallen, 107 Va. 131 , 57 S

1918In State v. Ready, supra, the learned chief justice’s statement that on this rule ‘judicial sentiment is altogether out of harmony’ and ‘courts are divided,’ is comprehensible only as an expression of delicate consideration for the Federal Supreme Court’s lonesome decision of Throckmorton v. Holt ; for the fact seems to be that Throckmorton v. Holt is the only case ever decided to the contrary; and the present opinion itself points out the inadequacy of the citation in Throckmorton v. Holt to sustain its decision.” Counsel for the proponent cite the case of Wallen v. Wallen, 107 Va. 131 , 57 S

11918–1918
Hess v. Rader green
va · 1875
1 sentence

1879It was held in Hess, &c., v. Rader and wife, 26 Gratt. 746 , and Lloyd v. Erwin’s adm’r, 29 Gratt. 598 , that the payment of a bond given for the purchase of land, made by a commissioner of a chancery court, and paid by the purchaser to the commissioner named in the decree, was a void payment, because the commissioner had not given the bond required by the court, and was therefore without authority to collect the bond of the purchaser in his hands.

11879–1879

Where else courts name it

FL 8 (1935–2025) NC 5 (1907–1997) VA 5 (1879–2007) AL 5 (1902–1967) MI 4 (1929–1981) WY 3 (1975–1986) AZ 3 (1939–1982) WA 3 (1938–1952) GA 3 (1933–1949) SC 2 (1968–2012) WV 2 (1926–1943) CO 2 (1956–1965) WI 2 (1884–1984) CA 2 (1950–1979) IN 2 (1926–1993) KY 2 (1932–1946) MO 2 (1912–1973) OR 2 (1917–1924) PA 2 (1980–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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