Salley v. Burns

In this chancery proceeding, we must construe a joint will which affects the title to certain Virginia real estate.

In 1937, one of the testators, D. B. Sutton, acquired by deed a tract of land in Russell County near Lebanon containing approxi mately 140 acres. At the time, Sutton was married to appellee Sarah Belle Sutton, the other testator and one of the plaintiffs below. In 1950, the will in issue was executed in Miami, Florida. Mrs. Sutton was a native of Russell County but the couple had lived in Florida for many years. In 1955, Mr. Sutton died, still owning the 140-acre tract. The joint…