Legal Opinion

Starke v. Berry's Executors

Supreme Court of Virginia

Decided March 16, 1916PublishedCited by 5 opinions

Appeal from a decree of the Chancery Court of the city of Richmond. Decree for complainants. Two of the defendants appeal.

1Opinion of the CourtKelly, J.

The decision of this appeal turns upon the meaning which the late O. H. Berry intended to express by the words “net profits,” as used by him in a codicil to his will. The question arises and is to be determined upon the following state of facts and circumstances:

The testator for many years before his death owned, and conducted a large and immensely profitable retail clothing and furnishing store for men, under the style of O. H. Berry & Company. Chief among his employees were the appellants, Thos. H. Starke and Chas. T. Korman. Kor at least eighteen years (1896 to 1914 inclusive) Mr. Berry…

2Cases cited2 opinions

  1. Atkinson v. SuttonWest Virginia Supreme Court · 1883
  2. Northrop v. Columbian Lumber Co.Court of Appeals for the Fifth Circuit · 1911

3Cited by5 opinions

  1. Coffman's Adm'r v. CoffmanSupreme Court of Virginia · 1921
  2. Virginian Railway Co. v. AvisSupreme Court of Virginia · 1919
  3. Everett v. First National Bank of AlexandriaSupreme Court of Virginia · 1925
  4. Truslow v. BallSupreme Court of Virginia · 1936
  5. Parsons v. FitchettSupreme Court of Virginia · 1927

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