Walker v. Lewis
Supreme Court of Virginia
Appeal from decree of circuit court of Danville, rendered June 18,1891, in tbe consolidated causes of Drumgold against Lewis and "Walker against Lewis. The single question in the case arose upon the construction of the will of John Lewis, deceased, which was executed in 1805, and admitted to probate in 1816, the year of the testator’s death.
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Appeal from decree of circuit court of Danville, rendered June 18,1891, in tbe consolidated causes of Drumgold against Lewis and "Walker against Lewis. The single question in the case arose upon the construction of the will of John Lewis, deceased, which was executed in 1805, and admitted to probate in 1816, the year of the testator’s death. The clause of the will in question is as follows: “ I give and devise the tract of land on which I now live, lying in Pittsylvania county, and on the north side of Dan river, containing about 1,300 acres, be the same more or less, to my brother, Charles…
1Opinion of the Court
Lewis, P.
(after stating the case as aforesaid), delivered the opinion of the court.
It is clear, and we do not-understand it to, be, seriously controverted, that Charles Lewis took under the will only a life estate. It is contended, however, in opposition to the decree, that Nicholas Mereweather, by operation of the rule in Shelly’s Case, took a fee tail, converted by the statute into a fee simple. That rule, now abolished in Virginia, is that where an .estate of freehold is limited to a person, and the same'instrument *581contains a limitation, either mediate or immediate, to his heirs or the…
2Cases cited3 opinions
- Cooper v. HepburnSupreme Court of Virginia · 1860
- Moon v. Stone's Ex'orSupreme Court of Virginia · 1869
- Moore v. BrooksSupreme Court of Virginia · 1855
3Cited by4 opinions
- Dickey v. Citizens State Bk. of FairmountIndiana Court of Appeals · 1932
- Jewett v. HarvieSupreme Court of Virginia · 1945
- Larew v. LarewSupreme Court of Virginia · 1926
- Jenkins v. HoggSupreme Court of Virginia · 1924