Hatcher v. Hatcher
Supreme Court of Virginia
Argued at Wytlieville, but decided at Richmond. Appeal from decree of circuit court of Bedford county, entered 4th June, 1883, in the chancery cause wherein Robert H. Jeter, executor of Julius H. ITatclier, deceased, and others were defendants, and James W. Hatcher and Laura, his wife, and Benjamin Noel and Florella, his wife, were complainants. The object of the suit was — first, to hold the estate of the testator, Julius II.
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Argued at Wytlieville, but decided at Richmond. Appeal from decree of circuit court of Bedford county, entered 4th June, 1883, in the chancery cause wherein Robert H. Jeter, executor of Julius H. ITatclier, deceased, and others were defendants, and James W. Hatcher and Laura, his wife, and Benjamin Noel and Florella, his wife, were complainants. The object of the suit was — first, to hold the estate of the testator, Julius II. Hatcher, deceased, bound to indemnify the plaintiffs for the loss of the slaves which had been specifically bequeathed to them, it being alleged that, these slaves had…
1Opinion of the CourtHiNTON, J.
The question in this ease arises upon the construction of the second clause of article 6th of the will of Julius H. Hatcher, deceased, which is in the following words: •
“ Also if anything should happen to the negroes named for Laura and Florella before they get fully in possession of them I wish said loss made up to each of them as I wish to make all my children equal in the division of my estate. I wish no difference to be made among them.”
*171Now the first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will…
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