Fifield v. Van Wyck's
Supreme Court of Virginia
Appeal from two decrees of the Court of Law and Chancery of the city of Norfolk, pronounced February 20, 1896, and June 9, 1896, in a suit in chancery wherein the appellee William W. Old, executor of Lenore M. Van Wyck, was the complainant, and the appellants and others were the defendants. The only clauses of the will bearing on the subject of controversy are the fourteenth and fifteenth. They are as follows: “Fourteenth.
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Appeal from two decrees of the Court of Law and Chancery of the city of Norfolk, pronounced February 20, 1896, and June 9, 1896, in a suit in chancery wherein the appellee William W. Old, executor of Lenore M. Van Wyck, was the complainant, and the appellants and others were the defendants. The only clauses of the will bearing on the subject of controversy are the fourteenth and fifteenth. They are as follows: “Fourteenth. All the rest and residue of my said estate, real and personal, wherever situate and of whatever kind, I give, devise and bequeath to the Reverend S. S. Seward, of New York…
1Opinion of the CourtBuchanan, J.
This controversy arises under the residuary clause of the last will and testament of Lenore M. Van Wyck, late of the city of Norfolk. After making a number of specific bequests the testatrix declares that “all the rest and residue of my said estate, real and personal, wherever situate, and of whatever kind, I give, devise, and bequeath to the Reverend S. S. Seward, of New York city, and to the Rev. J. C. Ager, of Brooklyn, State of New York, or the survivor of them, or to whomsoever they may select, in case of their death, in trust for the benefit of the New Jerusalem Church (Swedenborgian)…
2Cases cited6 opinions
- Wheeler v. SmithSupreme Court of the United States · 1850
- P. Episcopal E. Society v. Churchman's Reps.Supreme Court of Virginia · 1885
- Phillips v. FergusonSupreme Court of Virginia · 1888
- Trustees v. GuthrieSupreme Court of Virginia · 1889
- Gallagher v. Rowan's Adm'rSupreme Court of Virginia · 1890
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3Cited by39 opinions
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- Tate v. CampTennessee Supreme Court · 1922
- Rudd v. SearlesMassachusetts Supreme Judicial Court · 1928
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- Wagner v. ClausonIllinois Supreme Court · 1948
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