Walker v. Webster
Supreme Court of Virginia
Appeal from a decree of the Chancery Court of the city of Richmond pronounced December 2, 1895, in a suit in chancery wherein Elizabeth Webster was the complainant, and other heirs of Churchill Doggett, and his widow, were the defendants.
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Appeal from a decree of the Chancery Court of the city of Richmond pronounced December 2, 1895, in a suit in chancery wherein Elizabeth Webster was the complainant, and other heirs of Churchill Doggett, and his widow, were the defendants. The widow of Churchill Doggett renounced the provision made for her by the will of her husband, and this suit was instituted by his daughter, Elizabeth Webster, for the purpose of having dower assigned to his widow, and partition of the residue of his real estate. In the progress of the suit it became necessary to refer the cause to a commissioner to settle…
1Opinion of the CourtRiely, J.
The whole controversy in this case is as to the proper construction of the third clause of the will of the testator, Churchill Doggett, which is in the following words:
“All the rest and residue of my estate, real, personal, and mixed, I desire shall go to, and be divided in equal parts, among those who would be my heirs at law, under the statute of descents and distributions in Virginia, in case I had died intestate.”
The Chancery Court decided that the heirs at law of the testator took the estate given by the above clause per stirpes, and not per capita.
Wills are to be construed- according to…
2Cases cited4 opinions
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
- Crow v. CrowSupreme Court of Virginia · 1829
- Hoxton v. GriffithSupreme Court of Virginia · 1868
- Tuttle v. . PuittSupreme Court of North Carolina · 1873
3Cited by12 opinions
- Wooley v. HaysSupreme Court of Missouri · 1920
- Driskill v. CarwileSupreme Court of Virginia · 1926
- Horne v. HorneSupreme Court of Virginia · 1943
- Laisure v. RichardsIndiana Court of Appeals · 1913
- Ward v. OttleySupreme Court of Virginia · 1936
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