Wood v. Sampson's ex'or
Supreme Court of Virginia
Richard Sampson, of the county of Goochland, died in 1864. He left a will which was made in August 1855, and a codicil which was made in September 1863. By the first clause of his will he gave to his wife Mary Sampson $20,000, to bear interest from his death, payable semi-annually, till the full discharge of the principal; also a carriage and horses, and two slaves. He gave to each of his four grandchildren, children of his late son the Bev.
Read the full summary
Richard Sampson, of the county of Goochland, died in 1864. He left a will which was made in August 1855, and a codicil which was made in September 1863. By the first clause of his will he gave to his wife Mary Sampson $20,000, to bear interest from his death, payable semi-annually, till the full discharge of the principal; also a carriage and horses, and two slaves. He gave to each of his four grandchildren, children of his late son the Bev. F. S. Sampson, $10,000, payable without interest as each attains the age of twenty-one or marries. He made no provision for the intermediate maintenance…
1Opinion of the CourtStaples, J.
The court is of opinion, that whether general pecuniary legacies are chargable on real estate is always a question of intention; that this intention is to be ascertained, not by parol proof of the declarations of' the testator, but by reference, as in other cases, to the provisions of the will and the circumstances surround*848ing its author. And in examining the instrument, the language used must receive that interpretation which a long series of decisions have attached to particular words. One of the rules or canons of construction is, that where there is a general gift of legacies, and then…
2Cases cited1 opinion
- Smith's Ex'or v. SmithSupreme Court of Virginia · 1867
3Cited by6 opinions
- Todd v. McFallSupreme Court of Virginia · 1899
- Wildberger v. Cheek's Ex'orSupreme Court of Virginia · 1897
- Lee v. LeeSupreme Court of Virginia · 1892
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
1 more not listed; retrieve them via the Exa API.