Harrisons v. Harrison's adm'x
Supreme Court of Virginia
Randolph Harrison, of Goochland County, died in the spring of 1844, leaving a widow and five children ; four, of whom were infants. He left a large estate, real and personal, and was considerably indebted.
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Randolph Harrison, of Goochland County, died in the spring of 1844, leaving a widow and five children ; four, of whom were infants. He left a large estate, real and personal, and was considerably indebted. His will, written by himself, was dated the 29th of March 1844, and contained a single clause, which, omitting the introduction, was as follows: “ In the utmost confidence in my beloved wife, I leave to her all my wordly goods, to sell or keep for distribution amongst our dear children, as she may think proper. My whole estate, real and personal, are left in fee simple to her, only…
1Opinion of the CourtBaldwin, J.
I think it clear that by the will in question, the testator intended to confer upon his wife the ownership of his whole estate, real and personal; but not for her exclusive benefit. There is an express declaration of a trust in favour of the children of the marriage, by which they are entitled to distribution of the estate amongst them; a distribution, however, not immediate or unqualified, but subject to a power and discretion on the part of the wife, the effect of which is to limit the trust; and to enable her, at her own election, to enjoy the whole subject during her life for her own…
2Cited by9 opinions
- Knox v. KnoxWisconsin Supreme Court · 1884
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Farmers Bank v. KinserSupreme Court of Virginia · 1937
- Hedrick v. HedrickWest Virginia Supreme Court · 1943
- People v. PowersNew York Supreme Court · 1894
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