Legal Opinion
Fitzpatrick v. Fitzpatrick
Supreme Court of Virginia
Decided September 18, 1902PublishedCited by 11 opinions
Appeal from a decree of the Circuit Court of FTelson county, rendered March 8,1902, in a suit in chancery wherein the appel-lant was the complainant, and the appellees were the defendants. Suit by the widow against her infant children for construction of her husband’s will.
1Opinion of the CourtHakbison, J.
•We are called upon to construe the following brief will, dated December 21,1897:
“I, Thos. P. Fitzpatrick, of Nelson county, Va., do this day make my last will. I leave to my dear wife and our sweet little children all that I possess. I am nervous about my condition. I had intended to.make a long will to-day. I barely can write.”
It is contended on behalf of appellant that, under the line of decisions beginning with Wallace v. Fold, 3 Leigh, 258, and end*553ing -with, the recent case of Tyack v. Berkeley, ante p. 296, the children take nothing under this will; that a devise to a mother and her…
2Cases cited2 opinions
- Lindsey v. EckelsSupreme Court of Virginia · 1901
- Vaughan v. Vaughan'sSupreme Court of Virginia · 1899
3Cited by11 opinions
- Browning v. Bluegrass Hardware Co.Supreme Court of Virginia · 1929
- Goodloe v. WoodsSupreme Court of Virginia · 1913
- Honaker Sons v. DuffSupreme Court of Virginia · 1903
- Wills v. FoltzWest Virginia Supreme Court · 1907
- Smith v. WhiteSupreme Court of Virginia · 1907
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