Honaker Sons v. Duff
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Washington county, pronounced October 10, 1901, dismissing a petition filed by appellants in two chancery suits pending in said court for the purpose of subjecting the real estate of the appellee, F. C. Duff, to the payment of the liens thereon. The chief matter of controversy in this case was the proper construction of the will and codicils of Thomas J. Duff.
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Appeal from a decree of the Circuit Court of Washington county, pronounced October 10, 1901, dismissing a petition filed by appellants in two chancery suits pending in said court for the purpose of subjecting the real estate of the appellee, F. C. Duff, to the payment of the liens thereon. The chief matter of controversy in this case was the proper construction of the will and codicils of Thomas J. Duff. The folio-wing are copies thereof: “I, Thomas J. Duff, of the county of Washing.ton, and State of Virginia, do publish and declare this to be rny last will and testament. “First: I direct…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The decree appealed from involved the construction of the will of Thomas J. Duff, dated February 11, 1873, the third clause of which is as follows:
“I devise to my son, Francis 0. Duff, the plantation on which I now live after the death of my wife, Elizabeth, also the part of the tract I still own, which I purchased from Hewtón Duff and Stephen B. Duff, executor of Samuel 0. Duff, with like limitation and restriction as I have applied to my devise to him in regard to the home place.”
After the execution of this will, Francis 0. Duff became indebted,…
2Cases cited12 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Roberts v. LewisSupreme Court of the United States · 1894
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Farish v. WaymanSupreme Court of Virginia · 1895
- Nye v. LovittSupreme Court of Virginia · 1896
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3Cited by15 opinions
- Conrad v. Conrad'sSupreme Court of Virginia · 1918
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Davis v. KendallSupreme Court of Virginia · 1921
- Sheridan v. KrauseSupreme Court of Virginia · 1934
- Smith v. Smith'sSupreme Court of Virginia · 1918
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