Jiggetts v. Davis
Supreme Court of Virginia
William Swepson Davis, late of Mecklenburg county, died in the year 1813, having duly made and published his last will and testament, all the disposing part of which was in the following words : “ And as touching such worldly estate, as it has pleased Almighty God to bless me with, I do leave it in manner and form following, viz.
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William Swepson Davis, late of Mecklenburg county, died in the year 1813, having duly made and published his last will and testament, all the disposing part of which was in the following words : “ And as touching such worldly estate, as it has pleased Almighty God to bless me with, I do leave it in manner and form following, viz. Item, my will and desire is, that all the money that can be raised from the profits of my estate, after supporting my wife Susanna and daughter Lucy in a genteel manner, be applied to the payment of my just debts: And after all my debts are paid, I wish my estate…
1Opinion of the CourtCarr, J.
This case turns wholly upon the construction of the will of If . S. Davis, who died in 1813. It brings again before the court, in a form a little varied, the question so often debated, so often decided, here: Whether a devise to A. and his heirs, or to A. for life, or to A. without words of inheritance, and if A. die without issue, to B. C. and D. or such of them as may then be living, gives an estate tail to the first taker ? And if this were the only question in the case, I should content myself with referring to my former views on the subject in the cases reported, and repeating my steady…
2Cases cited1 opinion
- Dunn v. BrayCourt of Appeals of Virginia · 1798
3Cited by13 opinions
- Hinton v. Milburn's Ex'rsWest Virginia Supreme Court · 1883
- In Re Estate of BennettCalifornia Supreme Court · 1901
- Edwards v. BibbSupreme Court of Alabama · 1875
- Callis v. KempSupreme Court of Virginia · 1854
- Pournell v. HarrisSupreme Court of Georgia · 1860
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