Hurt v. Hurt
Court of Appeals of Virginia
Appeal from a decree of the Circuit Court of Montgomery county. Decree for defendant. Complainants appeal. STATEMENT OF THE CASE AND FACTS.
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Appeal from a decree of the Circuit Court of Montgomery county. Decree for defendant. Complainants appeal. STATEMENT OF THE CASE AND FACTS. This case involves the sole question of whether the appellee, the widow of John B. Hurt, deceased, under the will of the latter, is entitled to and is the absolute owner of the intangible personal property of the estate of such testator? The solution of this question depends upon the proper construction of the will of said testator of which the following clauses only are deemed material, namely: “Second: I devise and bequeath to my executors hereafter…
1Opinion of the CourtSims, J.
The claim of the widow — the appellee — is that under said will she is entitled to and is the absolute owner of the intangible personal property aforesaid. This claim rests chiefly upon the construction placed upon that portion of the second clause of the will which provides, inter alia, that “they (the executors) shall take charge of my personal estate and convert the same into money, except so much as my wife may desire to keep for her useand it is contended that by the same clause the wife is to be the judge of the amount she may need. That is to say, it is contended for appellee that the…
2Cases cited4 opinions
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- Nageli v. McMorrisMichigan Supreme Court · 1910
- Lindsey v. EckelsSupreme Court of Virginia · 1901
- Ross v. RossSupreme Court of Virginia · 1913
3Cited by19 opinions
- Davis v. KendallSupreme Court of Virginia · 1921
- Hobbs v. BrennemanWest Virginia Supreme Court · 1923
- Carter v. CarterSupreme Court of Virginia · 1961
- McKinsey v. CullingsworthSupreme Court of Virginia · 1940
- Browning v. Bluegrass Hardware Co.Supreme Court of Virginia · 1929
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