Hurt v. Brooks
Supreme Court of Virginia
Appeal from decree of circuit court of Campbell county, rendered October 28th, 1890, in a suit wherein John L. Hurt and certain children of Alexander Brooks were complainants, and Sarah E. Brooks, the widow, and other children of the said Alexander Brooks,t and Perrow and Staley, .trustees, were defendants, the object of the suit being to have the land devised, as the bill alleges, to Alexander Brooks for life, and at his death to his children, partitioned, or sold for…
Read the full summary
Appeal from decree of circuit court of Campbell county, rendered October 28th, 1890, in a suit wherein John L. Hurt and certain children of Alexander Brooks were complainants, and Sarah E. Brooks, the widow, and other children of the said Alexander Brooks,t and Perrow and Staley, .trustees, were defendants, the object of the suit being to have the land devised, as the bill alleges, to Alexander Brooks for life, and at his death to his children, partitioned, or sold for distribution of the proceeds. The decree being adverse to complainants, they appealed. Opinion states the case.
1Opinion of the CourtLacy, J.
In 1840 one Janies Brooks, of Campbell county, died, having made and published his will and codicils, which were duly probated after his death. In his will and codicils he provides for his seven children, making provision for each, and declaring his purpose to make them equal beneficiaries under his will.
The controversy in this case arises over the proper construction of the ninth clause of the said will, which is as follows, so far as it is material to be stated :
“ Ninth Item.—I give and bequeath to my son, Alexander, the half of the tract of land on which I live—west side of Lynch’s…
2Cases cited3 opinions
- Andrews v. King CountyWashington Supreme Court · 1890
- Randolph v. WrightSupreme Court of Virginia · 1886
- Tebbs v. DuvalSupreme Court of Virginia · 1867
3Cited by5 opinions
- Jones v. BrownCourt of Appeals of Virginia · 1928
- Mills v. EmbreySupreme Court of Virginia · 1936
- Morris v. BernardSupreme Court of Virginia · 1913
- Jordan's Administrator v. Richmond Home for LadiesSupreme Court of Virginia · 1907
- Jenkins v. HoggSupreme Court of Virginia · 1924