Hooe v. Kelsick

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Hooe v. Kelsick, Wythe 190 (1793),[1] involved a dispute over how to divide an estate.

Background

Richard Barnes arranged for his estate to be divided as equally as possible among his four daughters: Mary Kelsick (who married Younger Kelsick), Rebecca Beckwith (who married Jonathan Beckwith), Sarah Hooe (who married Gerrard Hooe), and Elizabeth Alexander (who married John Alexander). Part of the distribution was to happen while Richard's wife, Penelope, was still alive, and the rest was to be distributed after Penelope's death.

Gerrard Hooe, acting as the deceased Sarah's heir, and John Alexander, as the late Elizabeth's heir, asserted that they had rights to greater shares of the Barnes inheritance, referring to three codicils Barnes appended to his testament.

The Court's Decision

Wythe's Discussion

References

  1. George Wythe, Decisions of Cases in Virginia by the High Court of Chancery, (Richmond: Printed by Thomas Nicolson, 1795), 190.