Abernathy v. Phillips
Supreme Court of Virginia
Appeal from decree of circuit court of Lunenburg county,, pronounced May 13th, 1884, in a chancery suit wherein the-appellants, L. O. Abernathy, W. H. Powers, and J. A. Harris,, the latter suing for the benefit and at the costs of his co-complainants, were plaintiffs, and John B. Phillips, Wm. H. Phillips, and Sallie E. Phillips, the appellees, were defendants.
1Opinion of the CourtRichardson, J.
The controversy has grown up in respect to a certain tract of land devised by the will of Mrs. Sarah Phillips, wherein the following clauses occur: “Item 2d * * * I also loan to my son, Jas. R. Phillips, during his life, the tract of land whereon I now reside, 335 acres, be the same more or less, lying on both sides of Crooked creek, and bounded by the lands of Captain John A. Harris, Mrs. A. Ingram, and others, said land to be valued by two or more persons, to be selected by my executors for that purpose, one-half of said valuation to be paid or accounted for by my son, James R. Phillips, to…
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