M'Clintic v. Manns
Supreme Court of Virginia
William Mann by his will, dated and admitted to probat J 7 r in the year 1778, gave and bequeathed to his wife Jane, a “black mare and colt, and saddle, and two cows, and all the household furniture, and all her wearing apparel, and her living upon the land he then lived on during her life j” — to each of his sons, Moses, Thomas, William, and John, a tract of land; with several articles of personal property , . , to Moses and Thomas; — the tract given to William and. ^ohn…
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William Mann by his will, dated and admitted to probat J 7 r in the year 1778, gave and bequeathed to his wife Jane, a “black mare and colt, and saddle, and two cows, and all the household furniture, and all her wearing apparel, and her living upon the land he then lived on during her life j” — to each of his sons, Moses, Thomas, William, and John, a tract of land; with several articles of personal property , . , to Moses and Thomas; — the tract given to William and. ^ohn being that on which he then lived; — to his daughters, “ Ealse, Jenny, and Sarah,” each a pecuniary legacy, • an<^ some…
1Opinion of the Court
Judge Roane
delivered the following opinion of this court.
The court is of opinion, that the devise of the land in question to William Mann, the younger,, having been by the last clause of the will of U illiam Mann, the testator, enlarged into a fee, was again reduced to a smaller estate by that clause thereof, which declares that, if any of the testator’s sons should die, their parts should be equally divided among the rest of their brothers. The event here contemplated was pot a dying merely, because that is a certain, and not a *331t event; nor was it a dying without heirs, for that er happen so…
2Cited by6 opinions
- Merritt v. HughesWest Virginia Supreme Court · 1892
- Beckwith v. LaingWest Virginia Supreme Court · 1909
- Carter v. TylerCourt of Appeals of Virginia · 1797
- Bells v. GillespieSupreme Court of Virginia · 1827
- Buck v. Pennybacker's ex'orsSupreme Court of Virginia · 1832
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