Legal Opinion

Vaughan v. Vaughan's

Supreme Court of Virginia

Decided July 6, 1899PublishedCited by 12 opinions

Appeal from a decree of the Circuit Court of Hanover county, pronounced April 26, 1899, in a suit in chancery, wherein the appellee was the complainant, and the appellants were the defendants. This suit was instituted by Emma Lee Yaughan, as executrix of Isaac ISTewton Yaughan, and in her own right, against the infant children of Isaac ISTewton Yaughan, for the sole purpose of having a construction of the will of said Yaughan.

1Opinion of the CourtRiely, J.

The will to be construed in this case is short and concise, .and may be quoted in full. After a clause revoking all previous wills, it reads as follows:

“ I do hereby bequeath to my wife, Emma Lee Yaughan, and to my children, all my property of every kind, real and personal, and do hereby appoint my wife my sole executrix without security as long as she.shall remain my lawful widow; should she marry again the minor children to choose guardians, and my wife in that event to take a child’s part, to be hers as long as she lives, and at her death to be distributed amongst my children then living.…

2Cases cited6 opinions

  1. Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1855
  2. Rhett v. Mason's ex'xSupreme Court of Virginia · 1868
  3. Walke & Wife v. MooreSupreme Court of Virginia · 1898
  4. Moon v. Stone's Ex'orSupreme Court of Virginia · 1869
  5. Tebbs v. DuvalSupreme Court of Virginia · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lindsey v. EckelsSupreme Court of Virginia · 1901
  2. Wills v. FoltzWest Virginia Supreme Court · 1907
  3. Trice v. PowellSupreme Court of Virginia · 1937
  4. Trout v. PrattSupreme Court of Virginia · 1907
  5. Fitzpatrick v. FitzpatrickSupreme Court of Virginia · 1902

7 more not listed; retrieve them via the Exa API.

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