Stone v. Lewis
Supreme Court of Virginia
Appeal from decree of circuit court of Loudoun county, rendered at its January term, 1887, in the chancery cause wherein Catherine D. L. Stone and others were plaintiffs, and James E. Caruthers, sheriff and administrator d. b. n. c. t. a. of Joseph Lewis, deceased, and others were defendants.
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Appeal from decree of circuit court of Loudoun county, rendered at its January term, 1887, in the chancery cause wherein Catherine D. L. Stone and others were plaintiffs, and James E. Caruthers, sheriff and administrator d. b. n. c. t. a. of Joseph Lewis, deceased, and others were defendants. The object of the suit was to construe the will of the said Joseph Lewis, who died in 1834, whereby he devised his home place to his wife for her natural life, and after her decease that it be sold, and the proceeds divided equally among his surviving brothers and sisters and the children of such as may…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The question in this case depends upon the true construction of the third clause of the will of Joseph Lewis, deceased, who died in the county of Loudoun, in 1834. By the second clause of his will, the testator devised the tract of land upon which, at the date of the will, he resided, containing about four hundred and forty acres, to his wife for her life. And by the third clause it is provided as follows:
“After the decease of my wife, and as soon thereafter as my executors shall deem fit and expedient, it is my will and desire that the plantation…
2Cases cited3 opinions
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- Randolph v. WrightSupreme Court of Virginia · 1886
- Martin v. KirbySupreme Court of Virginia · 1854
3Cited by9 opinions
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- Crews' Adm'r v. HatcherSupreme Court of Virginia · 1895
- Schaeffer v. SchaefferWest Virginia Supreme Court · 1903
- Gish v. MoomawSupreme Court of Virginia · 1892
- Stephenson v. KuntzWest Virginia Supreme Court · 1948
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