Shermer v. Shermer's executors
Court of Appeals of Virginia
This was an appeal from a decree of the High Court of Chancery. The case was this ; John Sher mer, by his will, devised to his wife the use and profits of his whole estate, both real and personal, during her natural life, and after that whs ended, then the whole of his estate, exclusive of that already given to his wife, to be equally divided between whoever his wife should think proper to make her heir or heirs, and his brother, Richard Shermer.
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This was an appeal from a decree of the High Court of Chancery. The case was this ; John Sher mer, by his will, devised to his wife the use and profits of his whole estate, both real and personal, during her natural life, and after that whs ended, then the whole of his estate, exclusive of that already given to his wife, to be equally divided between whoever his wife should think proper to make her heir or heirs, and his brother, Richard Shermer. He further directed, that his executors, as soon as the crops were after his wife’s death, should sell and dispose of his whole estate, real and…
1Opinion of the Court
The President
delivered the opinion of the Court.
It is contended by the appellant’s counsel, that Mrs. Shermer was, by the will, only tenant for life of a moiety, with a power to dispose of the fee ; and that not having executed that power, the estate descends to the heir of the testator.
In support of this position, several cases have been cited; but they seem to verify the saying of a Judge, <£ that, in disputes upon wills, cases seldom elucidate the subject, which, depending on the intention of the testator, to be collected from thé will, and from the relative situation of the parties, ought…
2Cases cited1 opinion
- Commonwealth v. Martin's ExecutorsSupreme Court of Virginia · 1816
3Cited by9 opinions
- Conrad v. Conrad'sSupreme Court of Virginia · 1918
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Davis v. KendallSupreme Court of Virginia · 1921
- Browning v. Bluegrass Hardware Co.Supreme Court of Virginia · 1929
- Ironside v. IronsideSupreme Court of Iowa · 1911
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