Kain v. Gibboney
Supreme Court of the United States
Appeal from the Circuit Court of the United States for tbe Western District of Virginia. On Aug. 7, 1858, Malvina Matthews, of Wythe County, Virginia, made ber last will and testament, which was duly admitted to probate, devising a tract of land on which she then lived, to Granville H. Matthews in trust for her two daughters, ^ Malvina and Eliza, .and authorizing him to sell it and invest the proceeds at his discretion ; one half of the annual interest or dividends accruing…
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Appeal from the Circuit Court of the United States for tbe Western District of Virginia. On Aug. 7, 1858, Malvina Matthews, of Wythe County, Virginia, made ber last will and testament, which was duly admitted to probate, devising a tract of land on which she then lived, to Granville H. Matthews in trust for her two daughters, ^ Malvina and Eliza, .and authorizing him to sell it and invest the proceeds at his discretion ; one half of the annual interest or dividends accruing therefrom to go to each of them as a fund, for her separate and sole use and benefit, especially in the event of her…
1Opinion of the CourtJustice Strong
The bequest which the complainant seeks to enforce by this bill was an attempted testamentary disposition under the law óf Virginia, and the matter now to be determined is whether by that law it can be sustained. It may be conceded that, notwithstanding its Uncertainty, a legacy given in the words of this will, if for a charity, would be held valid in England, and in most of the States of the Union. But we have now to inquire, What is the law of Virginia? The gift was made to “ Richard V. Wheelan, Bishop of Wheeling, or to his successor in said dignity.” It was, therefore, in effect, a gift…
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- Underwriters' Laboratories, Inc. v. CommissionerCourt of Appeals for the Seventh Circuit · 1943
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