Wyatt v. Sadler's Heirs
Supreme Court of Virginia
On the trial of an action of ejectment, i» the District Court of King and Queen, (on behalf of John Den, lessee of Richard Wyatt, against the widow and heirs of John Sadler, deceased,) the lessor of the plaintiff proved that he was the eldest son of Richard Wyatt, who died in the year 1768, seised in fee of the land in the declaration mentioned; that, being so seised, the said Richard Wyatt, the elder, had made and published his last will; in which were the following…
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On the trial of an action of ejectment, i» the District Court of King and Queen, (on behalf of John Den, lessee of Richard Wyatt, against the widow and heirs of John Sadler, deceased,) the lessor of the plaintiff proved that he was the eldest son of Richard Wyatt, who died in the year 1768, seised in fee of the land in the declaration mentioned; that, being so seised, the said Richard Wyatt, the elder, had made and published his last will; in which were the following clauses, after the usual preamble;, viz. “and, as to what wordly goods it hath pleased God to give me, I leave and bequeath as…
1Opinion of the Court
The Judges delivered their opinions.
JUDGE TUCKER,
(after stating the case.) Mr. Wickham for the appellant, admitted that it was the probable, and even apparent intention of the testator to give his two sons an equality of. estate as well as an equal quantity in his lands: but contended that no estate in fee-simple could pass, even by a will, without words of inheritance, or of perpetuity, or such expressions as were descriptive of the testator’s whole estate in the lands. Mr. Wirt, on the other hand, insisted, .that, where no particular estate is limited by the words of the will, the…
2Cases cited3 opinions
- Territory of Washington ex rel. Kelly v. StewartWashington Supreme Court · 1890
- Davies v. MillerCourt of Appeals of Virginia · 1797
- Campbell v. MillerIndiana Superior Court · 1873