Black v. Black
West Virginia Supreme Court of Appeals
171 W. Va. 307 (1982)
- Written by Darius Dehghan, JD
Facts
Jessie Black (plaintiff) was joint owner of a farm with her two siblings. In January 1950, the three siblings entered into a joint-survivorship agreement. They agreed that upon the death of any one of them, the surviving siblings would receive the decedent’s interest in the farm and in the personal property located on the farm. The siblings also executed a joint will in August 1969. The will contained the same survivorship language but added a provision stating that upon the death of all the siblings, the real and personal property “then remaining” would go to seven nieces and nephews (defendants). In July 1979, Jessie Black filed a complaint alleging that she had a fee-simple title to the farm and the personal property on it. The circuit court held that Jessie Black had a life estate in the farm and a life interest in the personal property, with the nieces and nephews holding a remainder interest in fee simple. Jessie Black appealed.
Rule of Law
Issue
Holding and Reasoning (McHugh, J.)
What to do next…
Here's why 834,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,600 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
