Martin v. Kirby
Supreme Court of Virginia
This was a bill filed by John T. Martin, administrator de bonis non with the will annexed of John Piggott deceased, to obtain a construction of the will of said Piggott, and directions in the distribution of the estate.
Read the full summary
This was a bill filed by John T. Martin, administrator de bonis non with the will annexed of John Piggott deceased, to obtain a construction of the will of said Piggott, and directions in the distribution of the estate. John Piggott died in 1809. By his will, after directing the payment of his debts, he gave to his wife Hannah Piggott, for and during her widowhood, all his estate, real and personal: But if she should die before his youngest son Robert came of age, his executor should make provision out of his estate, sufficient to board and school him until he arrived at the age of sixteen…
1Opinion of the CourtLee, J.
Where a devise or testamentary gift is made to several, with words of survivorship annexed, or where the gift is to such of a class as shall survive, it becomes important to ascertain to what period the words of survivorship are intended to refer. Where no previous particular estate is interposed, but the gift is to take effect in possession immediately on the death of the testator, the established rule of construction is, to refer the words of survivorship to that event, and to regard them as designed to provide against the contingency of the death of the objects of the testator’s bounty in…
2Cases cited1 opinion
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
3Cited by18 opinions
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- Chapman v. ChapmanSupreme Court of Virginia · 1894
- Howbert v. CauthornSupreme Court of Virginia · 1902
- Stokes v. Van WyckSupreme Court of Virginia · 1887
- Corbin v. Mills' Ex'orsSupreme Court of Virginia · 1869
13 more not listed; retrieve them via the Exa API.