Legal Opinion

Stokes v. Van Wyck

Supreme Court of Virginia

Decided September 23, 1887PublishedCited by 18 opinions

Argued at Richmond. Decided at Staunton. Error to judgment of circuit court of city of Norfolk, rendered May 29th, 1885, in an action of ejectment in which Mary Stokes and others were plaintiffs, and H. D. Van Wyck and others were defendants. Verdict and judgment being for the defendants, the plaintiffs obtained a writ of error and supersedeas from one of the judges of this court. Opinion states the case.

1Opinion of the CourtRichardson, J.

The case presented by the record is this: William Boush died testate in 1834, leaving one child, Elizabeth Jacomine, wife of David M. Walke. His will was dated June 3, 1830, and was probated in February, 1834. Its construction is involved in this case. The sixth clause thereof—the one in question—is as follows:

“ 6th Item. I give and bequeath to my daughter, Elizabeth Jacomine Walke, and her husband, David M. Walke, during their joint lives, and to the survivor of them during the life of such survivor, the land and plantation whereon I now live in the county of Princess Anne; and if my said…

2Cases cited4 opinions

  1. Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
  2. Burke v. Lee & WifeSupreme Court of Virginia · 1882
  3. Martin v. KirbySupreme Court of Virginia · 1854
  4. Brent v. Washington's Adm'rSupreme Court of Virginia · 1868

3Cited by18 opinions

  1. De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
  2. Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
  3. Harrison v. WeatherbyIllinois Supreme Court · 1899
  4. Commonwealth v. WellfordSupreme Court of Virginia · 1913
  5. Baugham v. . Trust Co.Supreme Court of North Carolina · 1921

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