Kinnaird v. Williams's adm'r
Supreme Court of Virginia
Isaac Williams late of Wood county, by his last will and testament, duly recorded in the court of the said county in November 1820, after giving several small pecuniary legacies, devised and bequeathed all his real estate and slaves to his wife Rebecca Williams for her life, and also bequeathed to her one half the proceeds of his other personal estate, which might remain after the payment of his debts.
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Isaac Williams late of Wood county, by his last will and testament, duly recorded in the court of the said county in November 1820, after giving several small pecuniary legacies, devised and bequeathed all his real estate and slaves to his wife Rebecca Williams for her life, and also bequeathed to her one half the proceeds of his other personal estate, which might remain after the payment of his debts. He directed that his slaves should be emancipated at the death of his wife; and from and after her death, he devised half of the real estate to his son in law John G. Henderson (whose wife, the…
1Opinion of the CourtCarr, J.
I am for affirming this decree; and I take pleasure in declaring that the opinion of the judge in the court below has placed the subject in a light so strong and clear, as to render it hardly necessary to say a word. The widow could not claim under the 29th section of our statute of wills, as in a case of intestacy, because we have before us the will of her husband. She could not claim under the 26th section, as renouncing the will, because such renunciation must be made within 12 months after the husband’s death, before the general court, or court having jurisdiction of the probat of the…
2Cited by3 opinions
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- Pence v. LifeSupreme Court of Virginia · 1905