P. Episcopal E. Society v. Churchman's Reps.
Supreme Court of Virginia
Appeal from decree of circuit court of Augusta county, rendered 18th June, 1883, in the cause of William T. Rush, administrator, with the will annexed, of Henry Jewett Churchman, dec’d, plaintiffs, cujabist John S. Churchman and others, heirs at law, legatees and distributees of the said decedent, and The Protestant Episcopal Education Society of Virginia, defendants.
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Appeal from decree of circuit court of Augusta county, rendered 18th June, 1883, in the cause of William T. Rush, administrator, with the will annexed, of Henry Jewett Churchman, dec’d, plaintiffs, cujabist John S. Churchman and others, heirs at law, legatees and distributees of the said decedent, and The Protestant Episcopal Education Society of Virginia, defendants. The object of the suit was to expound the said will, and especially to construe and declare null and void the 4th clause thereof, which is as follows: “At the death of said Alice Clark Churchman, whenever that may be, the…
1Opinion of the CourtRichardson, J.
The object of this suit was to have a judicial construction of the will of the late Dr. Henry J. Churchman, of Staunton, in respect to certain bequests therein contained, and a settlement of the estate of the testator, who died unmarried and childless.
By the 1st, 2d and 3rd clauses of his will, after the usual provisions as to burial expenses and the payment of debts, the testator bequeathed his gold watch and chain and his library to his *756sister, Virginia M. Churchman. And by the 7th clause he also gave to his sister, Virginia M. Churchman, $4000, absolutely; and by the same clause he gives…
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