Malone's adm'r v. Hobbs
Supreme Court of Virginia
David M. Malone of Greenesville county made his will on the 29th of April 1833, whereby, after desiring that all his just debts might be paid, he devised a tract of land on which he lived to be equally divided between his aunt Elizabeth Wyche’s children and his aunt Sally Davis’s, that is, one moiety to his aunt Wyche’s children, and the other half to his aunt Davis’s children.
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David M. Malone of Greenesville county made his will on the 29th of April 1833, whereby, after desiring that all his just debts might be paid, he devised a tract of land on which he lived to be equally divided between his aunt Elizabeth Wyche’s children and his aunt Sally Davis’s, that is, one moiety to his aunt Wyche’s children, and the other half to his aunt Davis’s children. He bequeathed bis negro man Deter to William, H. Hobbs senior, and his two negroes Charlotte and Mason, with their future increase, to Franhj Willcins; and he also made devises and bequests to Edmunds Mason, Frances…
1Opinion of the CourtBaldwin, J.
The spirit of our statute law in regard to the making and revocation of wills, is, to restrain parol testimony on the subject within the narrowest practicable limits. Hence the solemnities of writing, signature, attestation. Revocations by cancel-ling or destroying the instrument arise naturally from the custody, control and dominion of the testator. Prescribed formalities in regard to them would be of little value, and would involve the necessity, in the event of nonobservance, of resorting to parol testimony for the purpose of setting up and establishing the ruined instrument; one of the…
2Cited by20 opinions
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