Alleghany County Court of Common Pleas, 1882

Arthurs v. Weisley

Alleghany County Court of Common Pleas · Decided October 16, 1882 · Beforesharswood, Gordon, Green, Mercur, Paxson, Sterrett, Trunkey

3 Pennyp. 29

Counsel

C. O. Montooth and 8. A. McOlung for plaintiff in error., W. O. Moreland for defendant in error.

Opinion of the Court

Per Curiam:

We are of the *32opinion that the clause contained in the last will of Dr. Arthurs was so clear and unequivocal a recognition of the trust in favor of the plaintiff below that it must preclude all attempts to set up the statute of limitations to defeat it. Under the circumstances, even if the will were revoked, that clause, as the recognition of an existing equity, would still be effectual.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.