Stonestreet v. Doyle
Supreme Court of Virginia
This was an action of ejectment in the circuit court of Norfolk county brought by Walter H. Doyle and his brothers and sisters, children of John Doyle, deceased, and Anne H. Bowden, against Charles H. Stonestreet and Edward J. Sourin, to recover the one undivided moiety of a lot of ground in the city of Norfolk.
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This was an action of ejectment in the circuit court of Norfolk county brought by Walter H. Doyle and his brothers and sisters, children of John Doyle, deceased, and Anne H. Bowden, against Charles H. Stonestreet and Edward J. Sourin, to recover the one undivided moiety of a lot of ground in the city of Norfolk. Both parties deduced their title from Walter Herron, who died in the city of Norfolk in April, 1838. He seems to have been a man of large wealth, and left a will with a number of codicils, for the most part written by himself, which were duly admitted to probate in April, 1838. The…
1Opinion of the CourtStaples, J.
The subject of this controversy is a valuable lot in the city of Norfolk. By the will of "Walter Herron, admitted, to probate in 1838, it was devised to Col. Bobert E. Taylor,. John N. Tazewell, William Seldon, Jr., and William E. Cunningham, as trustees, to take charge of and build thereon a large and commodious academy, for the purpose of establishing a free school and extending the education of poor children,
The first question presented for our determination is whether this devise is void, on account of its uncertainty as to the beneficiaries who are to take. That it is void seems to be…
2Cases cited2 opinions
- Haas v. GaddisWashington Supreme Court · 1890
- Kinnaird v. Miller's ex'orSupreme Court of Virginia · 1874
3Cited by28 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Grappo v. BlanksSupreme Court of Virginia · 1991
- P. Episcopal E. Society v. Churchman's Reps.Supreme Court of Virginia · 1885
- Virginia Coal & Iron Co. v. HyltonSupreme Court of Virginia · 1913
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