Gregory v. Gate
Supreme Court of Virginia
William 15. Gates, of Chesterfield county, died in 1868, leaving a widow and five infant children surviving him. Of these children three were by a former wife.
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William 15. Gates, of Chesterfield county, died in 1868, leaving a widow and five infant children surviving him. Of these children three were by a former wife. He left a will which was duly admitted to probate in the county court of Chesterfield, and Robert G. Bass qualified as his executor, [n the second clause of his will he says: “I wish my estate kept together, and managed by my executors as if I were living, for the joint benefit and common good of my wife, Bettie Gates, and my children, Blanch C., Lfillie W., Judith F., Maria T., and William Beverly Gates, so long as my widow remains…
1Opinion of the CourtChristian, J.
The court is of opinion that there is no error in the decree of the circuit court in declaring that thé appellants “are not entitled to a general divisiqn of the estate of the testator at this time.” The will of the testator- contains the following provision: “I further will and desire that no general division of my estate shall take place until my youngest (then living) child, shall attain the age of twenty years, or at the death of my widow, or in the event of her marriage again.” None of these contingencies, upon the happening of which the testator indicated as the period when a general…
2Cited by3 opinions
- Moore v. HarperWest Virginia Supreme Court · 1886
- Penn v. GuggenheimerSupreme Court of Virginia · 1882
- Beard v. CallisonWest Virginia Supreme Court · 1949