Legal Opinion

Koss v. Kastelberg

Supreme Court of Virginia

Decided June 14, 1900PublishedCited by 4 opinions

Appeal from a decree of the Circuit Court of Henrico county, pronounced August 4, 1898, in a suit in chancery, wherein the appellee, Rudolph L. Kastelberg, was the complainant, and the appellants and others were the defendants. The object of this suit was to have partition of the testator’s estate in accordance with the fourth clause of his will.

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Appeal from a decree of the Circuit Court of Henrico county, pronounced August 4, 1898, in a suit in chancery, wherein the appellee, Rudolph L. Kastelberg, was the complainant, and the appellants and others were the defendants. The object of this suit was to have partition of the testator’s estate in accordance with the fourth clause of his will. The testator was, at the time of his death, conducting the business of a butcher, in which he had been engaged for some years previous thereto. This business was conducted in his own name, and the designation of the account, “ R. Kastelberg’s Sons,”…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

The bill in this case was filed in the Circuit Court of Henrico county to have the will of Rudolph Kastelberg construed. The third and fourth clauses of the will are as follows:

“ Third. I give and bequeath unto my four sons, R. L. Kastelborg, Jos. P. Kastelberg, Chas. H. Kastelberg and William Kastelberg, all my horses, harness, wagons, machinery, and all other personal property used in my butchering business, including all choses in action, to be held by them jointly, and in fee simple.
“ Pourth. I give, devise and bequeath unto my beloved wife,…

2Cited by4 opinions

  1. Huaman v. AquinoSupreme Court of Virginia · 2006
  2. Johnston Memorial Hospital v. HessDistrict Court, W.D. Virginia · 1984
  3. Ragsdale v. HagySupreme Court of Virginia · 1852
  4. In re Estate of SmithSupreme Court of Iowa · 1919

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