Gaw v. Huffman
Supreme Court of Virginia
Robert Gaw died in 1829, having first made his will, which was duly admitted to probat in the County court of Shenandoah. He was a merchant doing business in Woodstock; and owned several houses and. lots in the town, and a farm adjoining, called the Brubaker farm. By the first clause of his will he says : “ It is my will and desire that all my just debts be paid out of my estate by my executors hereafter mentioned.”
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Robert Gaw died in 1829, having first made his will, which was duly admitted to probat in the County court of Shenandoah. He was a merchant doing business in Woodstock; and owned several houses and. lots in the town, and a farm adjoining, called the Brubaker farm. By the first clause of his will he says : “ It is my will and desire that all my just debts be paid out of my estate by my executors hereafter mentioned.” After directing that his mercantile business shall be continued for three years, and stating what advancements he had made to certain of his children, with which they were to be…
1Opinion of the CourtMoncure, J.
I think there is no error in the decree of the Circuit court.
The will of Robert Gaw does not charge his real estate with the payment of his debts. Whether such a charge is created by a will, is always a question of intention depending upon the construction of the whole will. It is so natural to suppose that a man in that solemn act intended to be just, that courts have taken very slight words in a will to imply a charge upon lands. Carr, J. in Downman v. Rust, 6 Rand. 587. “ Courts of equity (said Lord Lyndhurst) have always been desirous of sustaining charges by implication for payment of…
2Cited by13 opinions
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