Cole v. Cole
Supreme Court of Virginia
Appeal from decree of circuit court of Smyth county, entered 19th September, 1882, in the cause of Hugh F. Cole and others against Mrs. Martha A. E. Cole and others. In 1881 David J. Cole, late of said county, died testate, leaving a widow, Martha A. E. Cole, no children, and valuable real and personal estate.
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Appeal from decree of circuit court of Smyth county, entered 19th September, 1882, in the cause of Hugh F. Cole and others against Mrs. Martha A. E. Cole and others. In 1881 David J. Cole, late of said county, died testate, leaving a widow, Martha A. E. Cole, no children, and valuable real and personal estate. The third clause of his will is as follows: “ I give to my wife, Martha A. E. Cole, all of my personal and real estate during her lifetime, and at her death half of the real estate and half of the personal property that may he on hands to do with as she may see proper, and the other…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court:
In the construction of wills it is a well-settled rule of law that an absolute power of disposal by the first taker renders a subsequent limitation repugnant and void. And the same rule applies whether the property devised be real or personal. 3 Lom. Dig. 193; Shermer v. Shermer’s ex’or, 1 Wash. 266; Riddick v. Cohoon, 4 Rand. 547; May v. Joynes et als., 20 Gratt. 692; Miss. Society v. Calvert’s adm’r, 32 Id. 357; Carr et als. v. Effinger et als., 78 Va. (3 Hansbrough) 197.
In Riddick v. Cohoon, a testator gave to his three…
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