Seibel v. Rapp
Supreme Court of Virginia
Appeal from decree of corporation court of city of Norfolk, rendered 21st June, 1881. The bill was by two of the children of Henry Seibel, deceased, against their mother, Mary, and Frederick W. Bapp, her husband, and their brother, Philip Seibel, and his wife, Ellen, to have partition, or for sale and distribution of the proceeds among those entitled, of certain real estate, which belonged to Henry Seibel, deceased.
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Appeal from decree of corporation court of city of Norfolk, rendered 21st June, 1881. The bill was by two of the children of Henry Seibel, deceased, against their mother, Mary, and Frederick W. Bapp, her husband, and their brother, Philip Seibel, and his wife, Ellen, to have partition, or for sale and distribution of the proceeds among those entitled, of certain real estate, which belonged to Henry Seibel, deceased. The real estate thus drawn in question was conveyed, except the lot “ No. 13 Cone street,” by Henry Seibel and Mary, his wife, on the 19th of December, 1868, to O’Keef, trustee,…
1Opinion of the CourtLacy, J.
(after having stated the facts as aforesaid), delivered the opinion of the court.
The first assignment of error is as to the action of the corporation court in its construction of the deed of December 19,1868, that the same was not the subject of partition, the wife being, during her life, entitled to the whole income from the same. We think the decision of the corporation court upon this deed was in accordance with a long line of decisions in this court, which cannot now be questioned here. From the case of Wallace v. Dold, 3 Leigh, marg. p. 258, it has been held—with some respectable dissent…
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